' Petitioners Muhammad Nadeem Abbas and Muhammad Shahid Abbas seek confirmation of the pre-arrest bail in a case registered vide F.I.R. No,336 of 1999, dated 16-11-1999 under sections 342/337-F(i)(ii)/337-A(ii)/ 148/149, P.P.C., Police Station Machiwal, District Vehari, registered on the statement of Muhammad Anwar wherein it was alleged on the fateful day and time Noor Ahmad was going towards cotton field for routine survey when Muhammad Nadeem Abbas and Muhammad Shahid Abbas (petitioners), Asghar, Abid and Muhammad Aslam stopped him petitioner Nadeem gave him a Sota blow, Abid gave him a hatchet blow and petitioner Shahid took out his mauser and raised a Lalkara that he would not be spared. He also threatened the complainant not to come near him otherwise he too would not be spared. The accused thereafter took Noor Ahmad to an unknown place. The matter was reported to the S.H.O. Who replied that since a case of theft had already been registered against Noor Ahmad victim, therefore, complainant's case could not registered. Since the S.H.O. Refused to take any action complainant filed a writ petition whereafter the case was registered.
2. Learned counsel for the petitioners seeks bail on the grounds that Noor Ahmad was caught red- handed while stealing cotton, a case was registered against him vide F.I.R. No,322 of 1999, dated 18- 10-1999 under sections 379/411, P.P.C. Police Station Machiwal; that there is a delay of 29 days in lodging the F.I.R.; that during investigation it was found that only offence under section 342, P.P.C.
Was made out which is bailable and that all the remaining co-accused are on bail after arrest.
3. Confirmation of bail of the petitioners is opposed by the learned State Counsel as also the learned counsel for the complainant by submitting that Noor Ahmad received as many as nine injuries; that the matter was reported to the police same day but they refused to register the case whereafter the complainant party had to file writ petition and on account of the indulgence of this Court a case was registered.
4. Heard. Record perused.
5. I have. Gone through the record and find that in the statement of Noor Ahmad and other P.Ws.
Petitioner No,1 Muhammad Nadeem Abbas and others have been assigned a specific role of causing Soti blows to Noor Ahmad injured who received as many as nine injuries. Petitioner No,2 Muhammad Shahid Abbas has not been assigned any role to belabour the said Noor Ahmad. The role attributed to him is that of holding out threats to the P.Ws. The involvement of petitioner No,2 Muhammad Shahid Abbas on account of the inter se animus and litigation cannot be ruled out.
' In the afore-referred circumstances I am not inclined to confirm the pre-arrest bail already granted to Muhammad Nadeem Abbas. The petition to his extent is, therefore, dismissed. So far as petitioner No,2 Muhammad Shahid Abbas is concerned pre-arrest bail already granted vide order, dated 6-1-2000 is hereby confirmed.