' Lal Khan complainant got recorded F.I.R. No,241, dated 30-9-1995 at Police Station Saddar, Jalalpur Pirwala, District Multan under section 337-A(i)/ 337-F(i)/354/452/148/149, P.P.C. Wherein he alleged that due to the dispute of the landed property Allah Wasaya, Zawar Hussain and Hag Nawaz petitioners/ accused each armed with Sotas as well as Abdul Qadir armed with .12 bore gun alongwith other co-accused trespassed the house of Ghulam Sarwar while following the ladies who were picking the cotton and were objected to by the accused persons and had to leave the field. The accused persons are said to have outraged the modesty of Mst. Sakina, Mst. Aysha and Mst. Hajiran when the breast of Mst. Hajiran became naked as her shirt was torn. The accused persons injured the aforesaid ladies. Muhammad Kamal and Qadir Bakhsh, Ghulam Farid and others saw the occurrence. Apprehending their arrest the petitioners/ accused filed their application for their admission to pre-arrest bail which was dismissed by the Additional Sessions Judge. They were not arrested and apprehending their arrest they have filed this petition before this Court for their pre-arrest bail who have been allowed the interim relief.
2. I have heard the arguments addressed by the learned counsel for the parties as well as the learned State Counsel and gone through the record before me. The investigation of the case is going on and it is a surprising fact keeping in view the proviso to subsection (1) of section 173, Cr.P.C. According to which after the lapse of a period of fourteen days from the date of the recording of the First Information Report within a period of next three days the complete or incomplete/interim challan, has to be submitted by the police before the Illaqa Magistrate who has to decide whether or not to start the trial. The investigation is lingering on in violation of the aforesaid provisions of law under the garb of the transfer of investigation on the basis of the order being passed by the superior Police Officer(s). My view is that such a working must be avoided and stopped for the better administration and the provisions of the proviso to subsection (1) of section 173, Cr.P.C. Must be followed. In the initial site plan prepared by the first Investigating Officer and the spot investigation note recorded by him the accused persons are shown to have trespassed the house of Ghulam Sarwar wherein the occurrence took place. The accused persons are named in the F.I.R. With the alleged specific roles. The eye-witnesses are mentioned in the F.I.R. Their statements under section 161, Cr.P.C. Were recorded by the police immediately who supported the complainant. The injured persons were examined by the Medical Officer within a short period and the medico-legal reports were issued. Thereafter I am at a loss to understand as to why the complete or interim report as contemplated under the proviso to subsection (1) of section 173, Cr.P.C. Was not prepared and was not submitted before the Area Magistrate. The cross-version of the accused persons need not be considered by me at this stage lest the same may not prejudice the trial in case the challan is submitted. In view of the material collected by the police initially, there is no unnecessary harassm ent of the petitioners at the hands of the police which is the cardinal principle for the admission of the accused to pre-arrest bail. It is proper to repeat that the petitioners are named in the F.I.R. And specific roles have been attributed to them. It has become a trend in the police that the investigation is conducted by and transferred to different Police Officers and then on personal whims and figment of brain of the concerned Investigating Officer (especially investigating the cases second or third time), the different opinion is framed and expressed. I must give my view that in the cases of the instant nature i,e, that of ocular evidence proviso to subsection (1) of section 173, Cr:P.C. Cannot be ignored. The wisdom behind the introduction and incorporation of the same is the creation of a sort of check/restraint/censorship OA the police working. The protracted investigation on the basis of frequent transfer of investigation and non-submission of challan as required by law is one of the reasons that law and order situation is worsening in the Province. It is also lowering the authority and prestige of the concerned Station House Officers of the Police Stations vis-a-vis the accused person(s). Hence it is not a fit case , for the admission of the petitioners/accused to pre-arrest bail who are themselves responsible for the creation of the present situation.
3. I, therefore, dismiss this petition and recall the order of interim pre- arrest bail allowed to the petitioners/accused.
4. A copy of this judgment shall be sent in a sealed cover to the Deputy Inspector-General of Police, Multan Range, Multan (to be opened by him) bringing to his notice that the mandatory provisions contained under the proviso to subsection (1) of section 173, Cr.P.C. Are not only being ignored the same are also being violated under the garb of the frequent transfer of investigations. It is surprising that in cases of ocular evidence the law of the land is not being followed by the superior Police Officers who should rather have a check upon their subordinates in this respect.
Pre-arrest .