After having been fizzled out in obtaining the relief of pre-arrest bail from the learned subordinate Court, the petitioner apprehending his arrest at the hands of police, by means of instant petition has prayed for the same in case FIR No. 294, dated 15.05.2020, offences under Sections 380, 354, 337-F(v ), 337-A(i), 337L(2), 34, PPC, registered with Police Station Gaggo, District V ehari.
2.Concisely , the allegation against the petitioner as per contents of the crime report is that on 09.05.2020 he along with his co-accused while armed with their respective weapons entered into the house of the complainant and beat wife and daughter of complainant, outraged their modesty and also caused injuries to his wife.
3. Arguments heard. Record perused.
4. It is straightaway observed that there is unexplained delay of 06 days in lodging the FIR. Further Injury No. 2 has been attributed to two accused persons. Moreover , pre-arrest bail of Iqbal co-accused of the petitioner has been confirmed by learned ASJ vide order dated 20.06.2020. The case of the petitioner is not distinctly different from his co-accused. Such circumstances make the case against the, petitioner to be one of further inquiry falling within the ambit of Section 497(2), Cr.P.C. More so, offence under Sections 337-A(i), 337L(2), 354, PPC, are bailable whereas remaining offence do not fall within the prohibitory clause of Section 497(1), Cr.P.C. Liberty of a person is a precious right guaranteed by the constitution of Islamic Republic of Pakistan, 1973. In such peculiar circumstances sending the petitioner behind the bars would serve no useful purpose. However , culpability of the petitioner would be determined by the learned trial Court after recording of prosecution evidence, therefore, instant petition is allowed, ad-interim bail alread y granted to the petitioner in terms of order dated 17.09.2020 is hereby confirmed subject to his furnishing fresh bail bonds in the sum of Rs. 100, 000/- with one surety in the like amount to the satisfaction of learned trial Court. The above observations are tentative in nature and would not be taken as conclusive.