Qamarzaman And Another vs The State

ORDER M.A. ZAFAR, J. - Qamar Zaman and Qamar Abbas, who are real brothers inter-se and are accused in case F.I.R. No, 639/2008, dated. 19.7.2008 registered w|th Police Station Ghulam Muhammad Abad at the instance of Pervaiz Arslan complainant under Sections 324/148/149, P.P.C., have sought pre-arrest bail.

2. According to the contents of the F.I.R, on the call of Qamar Abbas petitioner No. 2 and his co- accused Usman complainant's son Ali Zain came Out of the house and they took him alongwith them and when they reached near some distance, six other accused namely, Imran, Shamas, Ehsan and Qamar Zaman petitioner No. 1 including two unknown were sitting in an ambush, Imran and Shamas allegedly gave injuries to Ali Zain, hitting on different parts of his body whereas Ehsan and Qamar Zaman petitioner No. 1 made aerial firing. There is allegation of abetment against Ghulam Dastigir alias Jehangir, who is father, of Imran, Ehsan and Usman co-accused and Zulfiaqr accused is their uncle.

3. Learned counsel for the petitioners submits that no injury to the injured PW has been attributed to the petitioner. He further submits that pre-arrest bail application of the petitioners was pending before Mr. Muhammad Saeed Ullah Mughal, learned Additional Sessions Judge, Faisalabad and on assurance of the police to declare them innocent, petitioners alongwith their counsel appeared before the said learned Additional Sessions Judge and requested for the withdrawal of bail application, the learned Judge obtained signature of petitioners counsel oh margin of the order sheet and kept it waiting of the side. Later on when the case was called petitioners after informing the Court went to call their counsel but by the time they reached alongwith counsel, the learned Judge had already dismissed bail application on merits and marking their absence.

4. On the other hand, learned D.P.G, assisted by learned counsel for the complainant submits that petitioners are named in the F.I.R, with a specific role and they are not entitled to the grant of extra- ordinary concession of prearrest bail.

5. The contention of learned counsel for the petitioners explaining the circumstances in which bail before arrest of the petitioners was dismissed has not been controverted by learned D.P.G, as weli as learned counsel for the complainant during the course of arguments. No empty was recovered from the sot and no case under Narcotics Substance Act has been registered against the petitioners. According to the Police Officer present in Court there is one case of narcotics, which is against Imran co- accused, who is cousin of the petitioners and possibility of their involvement due to their relationship with said Imran by attributing an insignificant role during the occurrence cannot be ruled out. The arguments of learned D.P.G, mat recovery of fire-arm is to be effected from Qamar Zaman petitioner No. 1 is of no substance when admittedly has been recovered from the spot. There is that complainant may have widen the met by persons, although the injuries on the person allegedly given by two persons. Moreover, petitioners is at par with their co-accused end who have been granted bail after arrest by Magistrate, Faisalabad vide order dated 22.$ 6.for the foregoing reason this petition is accepted and ad-interm pre-arrest already granted to the petition vide order dated 12.9.2008 is confirmed subject to their furnishing fresh bail bonds in the sum of Rs.1,00,000 (one lac ) each with one surty each in the like -amount to the satisfaction of learned area magistrate within one month ..