--S. 498--PPC, (XLV of 1860), Ss. 440, 447 & 511--Pre-arrest bail,

 PLJ 2021 Cr.C. 950

Criminal Procedure Code, 1898 (V of 1898)--

----S. 498--Pakistan Penal Code, (XLV of 1860), Ss. 440, 447 & 511--Pre-arrest bail, confirmed--According to the canvassed grievance a bunch of perpetrators destroyed standing crop through tractor--An unexplained delay of eight days in registration of the FIR--One co-accused was declared innocent by the police--Neither the offence under Section 506, PPC is applied in the FIR nor any provision for snatching the amount is added--Both sides have strained relations with each other on account of a property dispute and it seems that petitioner fell prey to curse of wider net--Petition is allowed.

                                                                          [Pp. 951 & 952] A & B

Ch. Mohammad Imran, Advocate for Petitioner.

Syed Nadeem Haider Rizvi, Deputy Prosecutor General for State.

Mian Zahoor Ahmad Qureshi, Advocate for Complainant.

Date of hearing: 11.11.2020.

 PLJ 2021 Cr.C. 950
[Lahore High Court, Multan Bench]
Present: Ch. Abdul Aziz, J.
SAEED-UR-REHMAN--Petitioner
versus
STATE and another--Respondents
Crl. Misc. No. 5709-B of 2020, decided on 11.11.2020.

Order

Saeed-ur-Rehman (petitioner) seeks bail before arrest in case FIR No. 373 dated 19.06.2020, registered for offence under Sections 440, 447, 511, PPC at Police Station City Jalalpur Pirwala, District Multan.

2. Precisely stated the case of prosecution as it gleans from the crime report is to the effect that on 20.06.2020 at about 7:30 a.m. Saeed-ur-Rehman, Sadique-ur-Rehman, Hafeez-ur-Rehman, Khalil-ur-Rehman and one unknown person duly armed came on the agricultural land of Haider Bakhsh (complainant); that the said perpetrators destroyed the standing crop of Janter while ploughing tractor on Khawit No. 142 owned by the complainant; that on raising alarm Sajjad Ahmad, Muhammad Nadeem and other inmates of the village emerged at the spot; that when the complainant party forbade the assailants from doing so, Saeed-ur-Rehman pointed a pistol on Haider Bakhsh, whereas Hafeez-ur-Rehman took out Rs. 11000/- and mobile phone Samsung from the pocket of the complainant; that the accused persons also extended life threat to the complainant; that the complainant rang at 15 to call police; that subsequently police arrived at the spot and on seeing them, the accused made good their escape.

3. Arguments heard and record perused.

4. It is discernible from the record that the incident which formed basis of the instant case occurred on 11.06.2020 at about 6:00 p.m. According to the canvassed grievance, a bunch of perpetrators destroyed standing crop of Haider Bakhsb through tractor. In the wake of an unexplained delay of eight day in registration of the FIR; it is noticed that the allegation of driving the tractor in question and

thereby destroying the standing crop is pointed towards one Siddiqu-ur-Rehmnn, who was declared innocent by the police. Likewise, though the complainant has also raised accusation of criminal intimidation and thereafter depriving him from an amount of Rs. 11,000/-, however, it is observed that neither the offence under Section 506 PPC is applied in the FIR nor any provision for snatching the amount is added Even otherwise, the amount was statedly snatched by one Hafeez-ur-Rehman, who was also found innocent by the police during investigation.

5. From the meticulous scanning of record, it is noticed that Saeed-ur-Rehman (petitioner) is solely ascribed the role of pointing pistol towards the complainant but the fact remains that such accusation was found incorrect by the police during investigation. It is further noticed that both sides have strained relations with each other on account of a property dispute and it seems that petitioner fell prey to the curse of wider net) which also smacks mala fide behind the registration of instant case. Therefore, the instant petition is allowed and the pre-arrest bail already granted to the petitioner vide order dated 24.09.2020 is confirmed subject to furnishing fresh bail bonds in the sum of Rs. 100,000/- with one surety in the like amount to the satisfaction of the learned trial Court.

(M.A.B.)         Petition allowed