ORDER The petitioners filed this bail application for pre-arrest bail. The petitioners stand involved in FIR No. 542/05, dated 10.10.2005 registered under section 379/452/448/148/149 PPC at P.S. Hujrah Shah Muqeem, Distt. Okara.
2. Briefly, according to the FIR, all the petitioners are named in the FIR and shown armed with fire- arms of different nature. They resorted to indiscriminate firing and stole different things including an amount of cash.
3. The learned counsel for the petitioner submits that case was registered with delay of more than two months. The offences do not fall within the prohibitory clause. There is no specific injury attributed to the petitioners. The learned counsel also submits that section 452 PPC was deleted during the course of investigation and basically it is a property dispute between the parties which caused the registration of the present case.
4. On the other hand, the learned counsel for the complainant submits that the petitioners are named in the FIR and during the course of investigation they have been found guilty. He further submits that according to the record complainant is owner and in possession of the property. He submits that recovery has been effected from the petitioner No. 3. The learned counsel for the State endorsed the contention of the learned counsel for the complainant and adds that statements recorded under section 161 Cr.P.C., also support the contents of the FIR. The learned counsel for the State submits that all the eight petitioners have been found guilty.
5. I have heard the learned counsel for the parties. In this case investigation has been completed.
The learned counsel for the petitioners himself contended that during the course of investigation section 452 PPC was deleted; that means that he has no serious dispute with the quality of investigation and during the same investigation all the petitioners have been found guilty and connected with the occurrence, it may also be pointed out that six accused persons by the same I.O. Have been declared innocent, In view of the above, no ulterior motive or mala fide can be attributed to the I.O. Or other police officers. Petitioners stand named in the FIR and an act of criminal role is assigned to them. Recovery of certain stolen items has also been effected.
Statements of PWs under section 161 Cr.P.C, also provide strength to the statement of the complainant, In view of the above, I do not consider the present case fit for granting extra ordinary concession of pre-arrest bail, hence this petition is dismissed.