MUHAMMAD AMIN Versus State

ORDER

M. BILAL KHAN, J.-- Muhammad Amin son of Jan Muhammad, the petitioner, seeks pre-arrest bail in case F.I.R. No.447 of 2006 dated 24-7-2006, registered with Police Station Depalpur, District Okara, for offences under sections 354, 452 and 34, P.P.C. sections 467, 468 and 471, P.P.C. had been added later on.

2. The prosecution case as it unfolded in the F.I.R., registered at the instance of Nasim Ahmad son of Jaggay Khan the complainant, was that he was a resident of Kot Gomay Khan Dakhli Lalupur and was cultivator by profession; on 23-7-2006 about 2-00 p.m. the petitioner along with Ghulma Rasool, Ghulam Nabi, Muhammad Yaseen sons of Ameen; residents of Deh, armed with Sotas etc. effected forcible entry into his house and started beating up his father Jaggay Khan with their Sotas when his mother Mst. Miran Bibi came forward to rescue her husband, the assailants caught hold of her by her hair and started dragging her in the compound of the house, as a result of which her wearing apparel got torn off; the hue and cry raised by his parents attracted witnesses who witnessed the occurrence themselves and beseeched the assailants as a result of which the victims were let off; the accused left the scene while issuing threats. Resultantly the instant F.I.R. had been recorded.

3. The petitioner's application for pre-arrest bail had been turned down by the learned Additional Sessions Judge, Depalpur vide his order dated 7-9-2006. Hence this petition.

4. I have heard the learned counsel for the parties and have perused the record brought by Muhammad Ayub A.S.-I., Police Station Saddar Depalpur, District Okara.

5. It has been observed that section 452, P.P.C. has since been deleted by the Investigating Officer whereas section '354, P.P.C. is bailable. The addition of sections 467, 468 and 471, P.P.C. had been made by the police as according to them a spurious certificate had been produce by the petitioner allegedly authored by a learned Advocate. I have gone through the said certificate. According to the said certificate Ameen, etc. had been allowed bail by the learned Court of Session. It is not denied that Ameen petitioner had been allowed ad interim pre-arrest bail by the Court of Session. The true import of the certificate issued by the learned Advocate would be determined during the course of trial. Even otherwise it is yet not clear as to how the police instead of registering a separate case added sections 467, 468 and 471, P.P.C. in the instant F.I.R. In view of deletion of section 452, P.P.C., the case of .the petitioner has become one of further inquiry as envisaged by subsection (2) of section 497, Cr.P.C. No useful purpose would be served in sending the petitioner behind the bars.

6. Resultantly this petition is allowed and the ad interim pre-arrest bail allowed to the petitioner in terms of this Court's order dated 4-10-2006 is hereby confirmed.

Criminal Miscellaneous No.1545-M of 2006.

Allowed subject to all just and legal exceptions.

H.B.T./M-658/L Bail confirmed.