The petitioners have approached this Court through the instant petition for the grant of pre-arrest bail in case FIR No. 492/2004 dated 14.10.2004 u/S. 324/34 PPC registered at Police Station Liaqatabad District, Lahore on the complaint of Muhammad Athar Siddiqui.
2. Learned counsel for the petitioners contends that four persons namely Muhammad Aslam, Muhammad Imran and the petitioners Adnan and Suleman were nominated in the FIR. That no specific role has been attributed to the petitioners except that they were found present at the place of occurrence and the injuries are attributed to Muhammad Aslani and Muhammad Imran while Muhammad Aslam has been bailed out by the learned trial Court. The petitioners approached the learned Sessions Judge, Lahore for their pre-arrest bail, which was entrusted to the Court of learned' Addl. Sessions Judge, Lahore, who declined the same vide order dated 27.11.2004, merely on the ground that no specific malice has been shown by the petitioners against the police and the complainant.
3. The learned State counsel vehemently opposed the instant petition.
4. I have heard the learned counsel for the petitioners as well as the learned State counsel and gone through the record placed by the Investigating Officer.
5. The learned State counsel did not deny that the only role attributed to the petitioners is of their. presence. He is unable to deny that cross-version of the case has been put forth by the petitioners and he is also unable to controvert that petitioners had alleged their malice against the police and the complainant party. He further added that they were not even residing in the vicinity, so there was no occasion for the petitioners to participate in the dispute of utility bills of the premises.
6. As no specific role has been attributed to the petitioners, cross-version of the petitioners has also cropped up and the I.O. and the learned State counsel could not refute it, the plea of the petitioners that they have been falsely involved in this case cannot be ruled out and the matter of the petitioners of course is of further inquiry covered u/S. 497(ii) Cr.P.C., therefore, ad interim bail already granted to the petitioners is hereby confirmed.
7. Instant petition is allowed accordingly.