' The petitioners seek pre-arrest bail in case F.I.R. No.48 of 2004 registered on 6-2-2004 in Police Station Raiwind Saddar, Kasur under section 379, P.P.C.
2. The F.I.R. Was lodged by Ashiq Ali complainant alleging that the accused had cut a tree from his land and had committed theft of the same. On the night of 2-2-2004, at 11/12 mid-night, when he admonished the said accused persons, they hurled abuses on him and rushed towards him with hatchets in their hands in order to kill him.
3. Arguments have been heard and record perused.
4. At the time of arguments on this petition, the S.I./Investigating Officer present in the Court admitted that the petitioners have already joined the investigation and that the alleged stolen tree had been recovered from the place of occurrence. He has submitted that the place of occurrence was owned by the complainant but it was under the graveyard. In any away, the tree in question is stated to have been found from the spot and not from the possession of the petitioners. It has been admitted that the petitioners have joined the investigation and that .Nothing else is now to be recovered from them. The learned counsel for the petitioners has asserted that the petitioners were involved in this case with a mala fide intention and with ulterior motives.
5. Under the circumstances of the case, the petitioners are entitledto the concession of bail.
Therefore, this bail application is accepted and the interim pre-arrest bail already granted to the petitioners is hereby confirmed subject to their furnishing fresh bail bonds in the sum of Rs.30,000, with one surety each in the like amount, to the satisfaction of the learned trial Court within seven days.