' TARIQ SHAMIM, J.--- Through this petition, the petitioners seek bail before arrest in case F.I.R. No,327 of 2005 dated 30-12-2005 registered under sections 379, 440, 148 and 149, P.P.C. At Police Station Saddar Shujabad, District Multan.
2. The allegation against the petitioners is that they on the night of 30-11-2005 at about 11/12-00 p.m. While armed with deadly weapons trespassed into the landed property of the complainant and destroyed the standing cotton crop with the help of tractor and rootaweighter and also issued threats that they should leave the place otherwise they would not be spared.
3. Learned counsel for the petitioners has contended that in fact petitioner No,1 Zahoor Ahmad was the owner in possession of the land in question, regarding which stay had also been granted by the learned Civil Court; that the name of the complainant has not been recorded as owner in joint Khata in the Revenue Records; that no such occurrence had taken place and that the F.I.R. Was based on false allegations.
4. On the other hand, learned counsel appearing on behalf of the State assisted by learned counsel for the complainant has contended that the petitioners were nominated in the F.I.R. And that specific role of destroying the standing crop of the complainant had been assigned to them; that no mala fide had been alleged against the complainant for the false implication of the petitioners; that previous bail application of the petitioners before this Court (Criminal Miscellaneous No,1317/B of 2006) was dismissed and there being no fresh grounds, the petitioners could not file a second bail petition on the same grounds; that the petitioners were fugitive from law since 18-3-2006 and after being released on interim bail by the learned trial Court had been extending threats of dire consequences to the prosecution witnesses and regarding the aforesaid incident an application had been submitted to the S.H.O. On 15-6-2006; that the order dated 12-5-2006 of the District Officer (Revenue), Multan shows that it was the complainant party who was in possession of the land and hence the allegations levelled in the F.I.R. Against the petitioners were correct; that the challan had been submitted in the Court and the copies of the statements under section 265-C, Cr.P.C. Had been delivered to the accused/petitioners and that they were not entitled to the extraordinary concession of pre-arrest bail.
5. I have heard the learned counsel for the parties and perused the record. Admittedly the petitioners are nominated in the F.I.R. And specific role of destruction of cotton crop of the complainant with the help of tractor and rootaweighter has been ascribed to them. During the investigation the petitioners were found to be fully involved in the occurrence. The recovery of weapon of offence as well as the tractor is yet to be effected from them. No mala fide has been alleged on the part of the complainant by he petitioners for their false involvement in the instant case. It is also on record that the petitioners after being released on ad interim bail misused the concession by issuing threats to the complainant and the witnesses in which regard Rapat dated 16-5-2006 was lodged with the police. It has been conclusively held by the District Officer (Revenue/District Collector), Multan vide order, dated 12-5-2006 that the complainant party was in possession of the land in question at the time of occurrence. It is also on the record That the petitioners remained fugitive from law since 18-3-2006 and the learned trial Court has issued their warrants of arrest. The challan has been submitted on 17-3-2006 and the trial has commenced. A tentative assessm ent of the evidence on the record shows that prima facie there is ample evidence to connect the petitioners with the commission of crime alleged against them.
6. For what has been discussed above, the petitioners are not entitled to the extraordinary concession of pre-arrest bail. Resultantly this petition is dismissed and the ad interim pre-arrest bail granted to the petitioners vide order, dated 9-5-2006 is hereby recalled.