' MUHAMMAD AKRAM BAITU, J.--- Through this petition, the petitioners have sought for the relief of their anticipatory bail in a case F.I.R. No,198 of 2003, dated 4-9-2003 registered under sections 427/379, P.P.C. At Police Station Saddar, District Layyah on the grounds that they have been falsely implicated in this case; that the offences complained are not applicable against the petitioners nor the same fall within the prohibitory clause of section 497, Cr.P.C.; that nothing has been recovered from the petitioner and they have been declared innocent during the investigation, therefore, they are entitled for concession of bail.
2. The learned State counsel has strongly opposed the petition.
3. Heard both the parties. Record perused.
4. Admittedly the offences complained do not fall within the prohibitory clause of section 497, Cr.P.C. Apart from that prima facie there is no material available against the petitioners to connect them with the crime complained. Moreover they have been declared innocent during the investigation conducted by the local police vide Zimni No,29, dated 17-12-2003 recorded by Atta Ullah, 5.-I. To this effect that the petitioners are owner in possession of the property in dispute and no offence is made out against them. In view of the above discussion and without going into the merits of the case, there are sufficient reasons to believe that the case of the petitioners is that of further inquiry into their guilt and falls under subsection (2) of section 497, Cr.P.C. Consequently the pre-arrest bail already granted to the petitioners vide order, dated 2-12-2003 is hereby confirmed.