Petitioners seek pre-arrest bail in case FIR No. 411/2020, dated 12.11.2020 for offence under Sections 501 & 506, PPC later on added Section 29S-A, PPC registered at Police Station Lalian, District Chiniot on the allegation that an application was filed on 06.08.2019 by Munawar Nasreen/Petitioner No. 3 with the consent of the other petitioners against the complainant in which the religion of the complainant was mentioned as Christian whereas he is a Muslim. On the said date, she had also filed a petition under Sections 22-A & 22-B, Cr.P.C. before the learned Ex-Of ficio Justice of Peace, Lalian in which a report was submitted by the Superintendent of Police (Investigation), Chiniot who informed that as per the statement of Ghulam Qamar-ud-Din, Imam Masjid, Jamia Masjid Faizan Ibrahim, Mohallah Tariqabad, Lalian, the complainant was a Muslim as he used to offer prayer behind him in the mosque. Upon this report dated 21.10.2 019, on the same day, an order was passed with an undertaking from Munawar Nasreen/Petitioner No. 3 that she would not call the complainant as Christian in future. Meanwhile, an application was again filed by Munawar Nasreen/Petitioner No 3 in which religion of the complainant was again mentioned as Christian which has caused ' damage to his reputation, hence FIR under Sections 501 and 506, PPC was registered. However , on 01.12.2020, Section 295-A, PPC was added on the opinion of the Superintendent of Police (Investigation), District Chiniot.
2. After hearing the learned counsel for the petitioners, learned Additional Prosecutor General assisted by the learned counsel for the complainant and perusing the record it is straightaway observed that the occurrence dated 06.08.2019 was reported on 12.11.2020 after more than one year and three months without explaining the delay .
As per the contents of the FIR, litigation is pending between the parties and that in the report prepared by the Superintendent of Police (Investigation), the petitioner/Munawar Nasreen had taken a stand that the religion of the complainant as Christian was written inadvertently . Even otherwise, this controversy was brought before the Court.
Besides, a perusal of Section 295-A, PPC reveals that deliberate and malicious intention of outraging the religious feelings of any class of the citizens of Pakistan, by words either spoken or written, shall be punishable with 10 years imprisonment. In the facts and circumstances, the question whether writing of religion on a particular application against the fact, constitutes Section 295-A, PPC, may be answered after further probe. At this stage, there is enough malafide available on the part of the complainant to falsely implicate the petitioners in view of the background of litigation pending between the parties.
3. For what has been stated above, this petition is accepted and ad-interim pre-arrest bail earlier allowed to petitioners vide order dated 28.12.2020 stands confirmed subject to their furnishing bail bonds in the sum of Rs.
1,00,000/- (Rupees one hundred thousand only) each with two sureties each in the like amount to the satisfaction of the learned trial Court.