1. ' This is a bail before arrest application filed by Anwar Ali, Haji Arbab Ali, Sajjan and Lakhmeer who are involved in Crime No,1 of 2004 under sections 382, 506(ii), 147, 148, 149, 504 and 337-H(ii), P.P.C.
2. Of Police Station, Khero Dero.
3. ' Brief facts of the case are narrated in F.I.R. Heard both the learned counsel.
4. ' Learned counsel for the applicants submitted that on the last of hearing complainant Saleem Bughio was present and stated that the matter is being patched up between the parties. Mr. Jatt submitted that in fact the matter has already been patched up and has been reduced into writing but is not filed in Court so far. He further submitted that F.I.R. Was lodged after 45 days of the incident, no recovery has been made from the applicants though they have joined the investigation. Challan has already been submitted and he conceded that there is no further need of the applicants to be kept in police custody and no prejudice will be caused to the complainant/prosecution if their earlier on 4-8-2004 is confirmed.
5. ' Learned counsel for the State opposed the bail application and submitted that the maximum punishment of section 382 is 10 years and therefore, is covered by prohibitory clause of section 497, Cr.P.C.
6. ' I considered the submissions.
7. ' Agreeing with the contentions of learned counsel for the applicant that the F.I.R. Was lodged after 45 days, no recovery has been made from them, therefore, there is possibility of false implication of the applicants in this matter with ulterior motives cannot be ruled out. The application is therefore, allowed the earlier order granting interim bail to the applicants is hereby confirmed on the same terms and conditions.