ORDER FAZAL-E-MIRAN CHAUHAN, J. - The petitioners were allowed ad-interim pre-arrest bail by this Court vide order dated 4.7.2006, In case FIR No. 194, dated 26.5.2006 registered under sections 452, 324, 148, 149, 380, PPC at Police Station, Model Town, Lahore. The petitioners seek confirmation of pre-arrest bail in the said case.
2. Succinctly the prosecution story>as per FIR is that on 20.5.2006 at 4.00 p.m. The petitioners alongwith 20 armed persons entered into the office of the complainant and confined him and other staff in a room and snatched three mobile telephone sets. They also took away one computer lap top and other valuable documents on gun point.
3. Learned counsel for the petitioners contends that the petitioners are innocent in this case; that earlier on the complaint of petitioner No. 2 was lodged with Police Station, Defence Area on 10.4.2006 against the complainant of the instant FIR. Resultantly as counter-blast the present FIR was lodged against the said petitioner and his brother, who are Directors of the parent company.
The premises are being it sed by the complainant as well as by the petitioners and question of trespassing and entering the same does not arise. .
4. Conversely, learned counsel for the complainant assisted by the learned counsel for the State has opposed the grant of bail. They contend that the petitioners are specifically nominated in the FIR and stolen articles are yet to be recovered from them. There is no ill- will, mala fide and malice on the part of the police or the complainant to falsely involve them in the case and that no extra- ordinary circumstances exist in favour of the petitioners for confirmation of their pre-arrest bail.
5. Heard. Record perused.
6. The petitioners were nominated in this case and stolen articles are yet to be recovered from them during investigation. No ill-will, mala fide and malice on the part of the police or the complainant have been found on the record. Specific role had been assigned. As per the investigation of ASP/SPO the petitioners were found guilty while entering illegally in the office of the complainant and by causing harassment to the staff had stolen the record of the complainant company. The petitioners have failed to point out any material or mala fide against the. Police to falsely involve them in the case, In such like cases the petitioners are not entitled to concession of bail. Reliance is placed on Khurshid Ali and 9 others v. The State (2006 YLR 2239). The case being not fit for grant of extraordinary concession of pre-arrest bail, the petition is dismissed whereby ad- interim pre-arrest bail was granted to the petitioners was recalled. .