' This application for the admission of the aforesaid petitioners/accused to pre-arrest bail has arisen out of the following facts:-- ' Abdul Hakim S.-I./complainant, Police Station Darkhast Jamal in the company of his subordinates arrested one Ahmad Bakhsh on 18-7-1994 at about 12-00 noon as the said Ahmad Bakhsh was involved in case F.I.R. No,74, dated 18-7-1994 registered at Police Station Darkhast Jamal District D.G.
Khan under section 406, P.P.C. The police party was in official Vehicle No,1534/DGC.
They reached Pul Chauda Hazar, Jampur Branch when Tahir Zaman, Muhammad Asghar and Dost Muhammad are said to have arrived on motorcycle in front of the aforesaid vehicle. They objected to the arrest of the aforesaid Ahmad Bakhsh who were admonished. The police party went ahead.
At Chah Taliwala the aforesaid three accused alongwith Muhammad Mirza Khan Talpur, Abdullah Khan, Dur Muhammad, Abdul Ghafoor, Ashiq Hussain, Muhammad Yaqoob, Liaqat Ali, Talib Hussain, Abdul Ghafoor, Sherbaz Khan and Khurshid Ahmad, each armed with weapon(s) are said to have surprised the police party. They raised the slogans against the party in power and are said to have used the obscene language against the Honourable President of Pakistan. They also issued the threats to the police party. Allah Bakhsh. Haji Karim Bakhsh and Muhammad Ramzan P.Ws. Arrived there. Ahmad Bakhsh accused could not be rescued. Thereafter, persons started arriving and the accused are said to have made'good their escape alongwith their respective weapons. F.I.R. No,75, dated 18-7-1994 stands registered at Police Station Darkhast Jamal under section 186/353/506/225/148/149, P.P.C. And also under section 16 of Maintenance of Public Order Ordinance, 1960. These petitioners invoked the assistance of the learned Additional Sessions Judge, D.G. Khan for their admission to pre-arrest bail. They did not succeed there. The police did not arrest them for the reasons best known to it. They have filed this petition for their admission to pre- arrest bail in this Court who has been allowed the interim relief.
2. I have heard the learned counsel for the petitioners as well as learned counsel for the State and gone through the record before me. Sections 186/353 and 225 are bailable. A perusal of the F.I.R.
Has made out that Part I of section 506, P.P.C. May be attracted which is also bailable. Obviously, section 148/149, P.P.C. Stand linked with the aforesaid sections. The admitted position is that the petitioners/accused did not make any speech, statement, rumour or report before any person so as to cause or likely to cause fear or alarm to public or to any section of the public or to further or likely to further any activity to public safety or the maintenance of public order. They, according to the prosecution, are alleged to have committed the offences for which specific penal sections are incorporated in the Pakistan Penal Code which have also been projected in the F.I.R. It may be an overdoing at the part of the Police Officer. However, the attraction of section 16 of the Maintenance of Public Order Ordinance, 1960 may be considered by the trial Magistrate in case the challan is submitted under section 173, Cr.P.C. And the stage to frame the charge against these petitioners comes before him. The cumulative effect of my aforesaid reasoning is that these petitioners are entitled to be admitted to pre-arrest bail.
' I, therefore, accept this application and admit these petitioners/accused to pre-arrest bail in the sum of Rs,10,000 (Rs, ten thousand only) each with one surety each in the like amount to the satisfaction of learned Sessions Judge, D.G. Khan. They shall submit the bail bond etc. Within a period of six days from today failing which the law will take its course.
3. Copy Dasti on payment of usual charges.
Prearrest .