MUHAMMAD ALTAR Versus THE STATE

ORDER

The petitioner is involved in a case under section 337-A (ii), P.P.C. registered vide F.I.R. No.342/93 dated 5-12-1993 at Police Station Makhdoom Rashid, Multan and after having failed to secure bail before arrest from the learned Additional Sessions Judge, has approached this Court for bail before arrest.

2. Ad interim bail before arrest was allowed to the petitioner on 1214994 and the Investigation Officer was summoned with record for today.

3. I have heard the learned counsel for the parties. It is submitted by the learned counsel for the petitioner that he was injured in the incident and he was medically examined by the doctor. Since the police was not registering a criminal for case against the opposite-party, he filed a writ petition (W.P.5361/93) for a direction to the local police for registration of the case. This writ petition was disposed of ? with the observation that the petitioner should ? appear the before ? the S.H.O with an application in writing who shall entertain the same and proceed therewith in accordance with law. It is submitted that the requisite application was moved by the petitioner before the Investigation Officer wh o retained the same on record but did not take any action thereupon. The fact that the petitioner indeed moved Such an application is admitted by Said Hussain, A.S.I. present in Court. This prima facie lends support to the plea of mala fides on the part of the local police as urged by the 'learned counsel for the petitioner today. The question as to which of the party was aggressor in the incident is a matter of inquiry and the petitioner having been injured therei n find that he has made out a case for grant of bail before arrest. The interim bail allowed to him on 12-1-1994 is accordingly confirmed.

N.H.Q./M-1621/L ?????????????????????????????????????????????????????????????????????????????? Interim bail confirms