ABDUL MANAN Versus State

ORDER

MALIK HAQ NAWAZ, J.--- The petitioners have been booked for the offence under sections 435/436/427/447/147/149, P.P.C. and 6/7 of A.T.A., 1997 vide FIR No.85/2016 dated 10-12-2016 registered at Police Station City Chilas, District Diamer.

2. The petitioners were allowed pre-arrest bail by this Court on 24-12-2016 and notices were issued to the respondent for today.

3. The learned counsel for the petitioners submitted at bar that the case of the petitioners is based on mala fides and a false and fabricated story has been tailored by the complainant party because of the rising rift between the rival faction over their disputes erupted due to land compensation. The learned counsel further contended that nomination of the accused in the FIR is just a guess work and only the active persons of the families have been nominated in the FIR just to keep high-tactic pressure on the accused side. The sections imposed are not attracted and no specific allegations have been leveled against the petitioners and the petition bail before arrest be confirmed in the interest of justice.

4. The learned Additional Advocate General, on the other hand opposed the petition with full force and stated that the petitioners are directly charged in the FIR and specific role of putting on fire the house of the complainant and the wood, which was laying at the place of occurrence and the value of the same exceeds one billion, which is a heinous offence and heavy financial loss, which cannot be compensated in any way. The learned Additional Advocate General further contended that bail before arrest is an extra ordinary concession, which should not be extended to the petitioners.

5. Heard and record of the case perused, with able and valuable assistance of the parties.

6. As evident from the contents of FIR, though the petitioners are directly charged in the FIR but no specific allegations are leveled against the petitioners and the allegations of putting the house and wood on fire are general in nature, as the presence of thousand of peoples has been mentioned by the complainant in FIR. The present petitioners whether actively participated in the occurrence or has been named in FIR only being the ring leader, is a question which requires thorough probe and further inquiry.

7. Bail before arrest is an extra ordinary concession, which is only extended in very exceptional and extra ordinary circumstances case. When the court entertains a doubt through the tentative assessment of the material before the Court, that the charges are motivated and result of mala fides or a wide net has been thrown and some innocent people have been involved along with guilty one, then it becomes the moral and legal duty of the Court to protect the honour and liberty of the citizens, who surrender before the Court of law for their protection. The surrounding circumstances of the case make it a case, where extra ordinary concession of bail before arrest should be extended to the petitioners.

8. In view of above discussion bail before arrest allowed to the petitioners vide order dated 24-12-2016 is confirmed in the same terms and conditions.

9. The petition is disposed of in the above terms.

WA/7/GB Bail confirmed.