' M. BILAL KHAN, J.--- Muhammad Iqbal Khan son of Aslam Khan and Nasrullah Khan son of. Said Khan, the petitioners by filing the instant petition seek post-arrest bail in case F.I.R. No.286, dated 17- 8-2005, registered at Police Station City, Mianwali for offences under sections 420, 467, 468 and 471, P.P.C., at the instance of Mst. Munawar Bibi alias Munawar Khatoon widow of Muhammad A fzal Khan.
2. Briefly the allegations against the petitioners, according to the F.I.R., was that Muhammad Iqbal Khan (petitioner No.1) got transferred the Car bearing Registration No.LXE-548 owned by husband of the complainant in his name by deceitful means and Nasrullah Khan (petitioner No.2) being partner of petitioner No.1 made attestation fraudulently.
3. The petitioners had been arrested on 17-8-2005 and are in custody ever since. Their plea for post-arrest bail did not find favour with the learned Additional Sessions Judge, Mianwali, who turned down their bail application vide order dated 1-11-2005. Hence, the instant petition.
4. I have heard the learned counsel for the both the sides and have also gone through the record brought by Sami Ullah Khan, S.-I.
5. It has been observed that the vehicle in question had been initially registered in the name of Muhammad Afzal. Khan deceased. The record also reveals that apart from the complainant Muhammad Afzal Khan had his previous wife by the name of Mst. Naseem Akhtar and a son' from the said wedlock. The contention of the learned counsel for the petitioner that since the petitioner had been driving the car as a driver during the lifetime of Muhammad Afzal deceased and after his death both the wives had authorized him to get the vehicle transferred in his name as a step towards distribution of the estate of the deceased, is a claim which cannot be summarily brushed aside. Even otherwise, apart from section 467, P.P.C. The offences charged with do not attract the prohibitory clause of section 497(1), Cr.P.C. The applicability of section 467, P.P.C. In the given facts and circumstances of the case calls for further probe. The petitioners are in custody for the last more than five months and the trial has yet not commenced.
6. Resultantly, this petition is allowed and the petitioners are admitted to post-arrest bail subject to their furnishing bail bonds in the sum of Rs.1,00,000 (Rupees one, lac) each with one surety each in the like amount to the satisfaction of learned trial Court,.