' This is an application for grant of pre-arrest bail to Muhammad Shafique Khan, Muhammad Altaf Khan, Haji Bashir Ahmad and Mirza Shaukat Hayat petitioners under section 333/353/342/186/506, P.P.C. Registered at Police Station City Bahawalnagar vide F.I.R. No, 46/89.
2. The allegations against the petitioners are that on 14-2-1989 they obstructed in the discharge of the public functions of Muhammad Salim Akhtar Bailiff of the Court of Senior Civil Judge, Bahawalnagar, used criminal force to prevent him from discharging his duties, wrongfully confined him, criminally intimidated him and also caused him grievous injury to deter him from discharging his duties as a public servant.
3. Learned counsel for the petitioners submitted that Muhammad Salim Bailiff has concocted false story of his wrongful confinement, criminal assault and causing of grievous injuries to him against the petitioners; that a number of respectable citizens of Bahawalnagar city have sworn affidavit falsifying the allegations levelled by Muhammad Salim Akhtar in the F.I.R.; that Haji Bashir Ahmad petitioner is an old man of about 80 years; that the case is on account of mala fides on the part of the bailiff and the police as well.
4. I have considered the submissions made by the learned counsel for the petitioners with care.
According to medico-legal report Muhammad Salim Akhtar complainant had suffered grievous injury. There is nothing on record to show the mala fides of the complainant or of the police to involve the petitioners falsely in this case. The Investigating Officer present in the Court states that the petitioners are required for investigation; that the complainant and the eye-witnesses of the occurrence mentioned in the F.I.R. In their statements recorded under section 161, Cr.P.C. Have supported the allegations against the petitioners and that the police has not declared the petitioners innocent so far.
5. For these reasons, I feel that no case for grant of pre-arrest bail to Muhammad Shafique Khan, Muhammad Altaf Khan and Mirza Shaukat Hayat petitioners is made out. The application to their extent is, therefore, dismissed.
6. As for Haji Bashir Ahmad, from his appearance, he seems to be an old man of about 75/80 years.
His case is, therefore, a bit different. So the interim bail granted to him on 20-2-1989 is confirmed.