' IJAZ AHMAD CHAUDHRY, J.--- Through this application under sections 497/498, Cr.P.C. The petitioners seek bail before arrest in case F.I.R. No.36 of 2005, dated 2-2-2005 registered under sections 506-B/341/34, 337-H(ii), P.P.C. At Police Station Gagoo District Vehari.
2. The brief allegation narrated by the complainant is that on 19-1-2005, complainant along with his son Khalid Hussain was cutting fodder in his land. Nazir Ahmad alias Jeera armed with carbine, Muhammad Saleem alias Shaman armed with .30 bore pistol, Rashid alias Shido and Muhammad Shafique alias Muna armed with Sotas came there. They started indiscriminate firing with their weapons whereas the complainant and his son rescured themselves after lying on the ground. The accused fled away from the place. On the next day i.e. 20-1-2005 at about 11/12 a.m. Complainant and his son were going to their land. When they reached near the house of Manzoor Jagra, the accused haulted them on the way and Nazir Ahmad alias Jeera armed with carbine and Muhammad Saleem alias. Shaman armed with pistol .30 bore started delivering threats of murder to complainant and his son. On hue and cry the witnesses arrived at the spot and the accused fled away from the place of occurrence.
3. The motive behind the occurrence is that the complainant has started a religious school (Madrasa) in his house for the girls. The accused/petitioners Shafique etc. Used to play with their pigeons on the roof top of their " house and as the complainant and his son had forbidden them they developed the grudge resulting into this occurrence.
4. Learned counsel for the petitioners contents that all the offences except section 506-B, P.P.C. Are bailable and section 506-B, P.P.C. Is not made out from the contents of the F.I.R. And that the petitioners have been falsely implicated with mala fide intention and ulterior motive and nothing was recovered during investigation.
5. Learned State counsel on the other hand opposes his application.
6. I have heard the learned counsel for the parties and also perused the record. Admittedly only the offence under section 506, P.P.C. Is non-bailable. The remaining offences are bailable. Allegedly the petitioners were armed with fire-arms but they did not cause any injury to the complainant and his son and were only attributed ineffective firing. However, no empty was recovered by the police from the place of occurrence. The possibility of false implication due to some hidden reasons as both the parties are neighbourers cannot be ruled out. Hence this application is accepted and the ad interim pre-arrest bail already granted to the petitioners vide order, dated 5-4-2005 is confirmed subject to their furnishing fresh bail bonds in the sum of Rs.1,00,000 each with two sureties each in the like amount to the satisfaction of the learned Judl/Ilaqa magistrate.