S.M. ZUBAIR, J.- The petitioner who is involved in a case under sections 447,511, 427, 506,148,149, 337H-(ii) PPC arising out of HR No. 635/93, dated 1- 12-1993, registered at Police Station Naiwankot, Lahore, seeks to be admitted to pre-arrest bail. Vide order of this Court dated 11-1-1994, he was admitted to ad interim pre-arrest bail. Now the case is fixed for confirmation or otherwise of the aforesaid order.
2. As per F.I.R., the complainant purchased 1 marias of land from Muhammad Hanif, who gave possession of the land to the complainant. The complainant raised construction on this piece of land along with his adjoining piece of land measuring six marlas. It is alleged that on 1-12-1993, the complainant came to know that the petitioner along with others was demolishing the boundary wall of his plot. The complainant came there whereupon the petitioner is alleged to have resorted to ineffective firing and threatened him of dire consequences.
3. Learned counsel for the petitioner contended that there was some dispute regarding demarcation of land which the petitioner purchased from Mst. Nargis, through agreement to sell dated 17-5-1986 and the retired Tehsildar after demarcation of the property in dispute came to the conclusion that nobody had trespassed into others land.
4. The investigating officer who was directed to investigate the case in the presence of the parties, deposed that both the parties are not telling the truth and he is not requiring the person of the petitioner for further investigation, who has already joined the same.
5. Learned counsel for the complainant has opposed this application on the ground that the petitioner is accused of serious offences and, as such, he is not entitled to the grant of pre-arrest bail, because it will hinder the investigation.
6. After hearing the learned counsel for the parties and perusing the record, I find that in view of the demarcation report submitted by the retired Tehsildar as Local Commission, coupled with the stance of the police, no useful purpose would be served by remanding the petitioner to police custody; hence the interim to the petitioner is hereby confirmed.