' KHAWAJA MUHAMMAD SHARIF, J.---This is second bail petition on behalf of the petitioners. Their earlier Crl.Misc: No,3926/B/07 was withdrawn from the court of my learned brother Mian Muhammad Najam-uz-Zaman, J: on 25-6-2007 where learned Law Officer submitted that both petitioners were found to be innocent.
2. In support of this petition, learned counsel submits that occurrence took place on 9-5-2007, that there was no allegation in whole of the F.I.R. That petitioners gave kick blows on the person of deceased, that no injury is attributed to them, that only ineffective firing and "Lalkara" is attributed to them, that one of co-accused Tasleem-ul-Haq also received injuries on his person, that he was medically examined on the same day from DHQ, Sheikhupura and thereafter, he was referred to Mayo Hospital, Lahore, that complainant in order to make dishonest improvements produced two witnesses on 25-6-2007 before the investigating officer, namely, Adnan and Ashraf, who stated that petitioner gave kicks blows on the person of deceased and that case of the petitioner is one of further inquiry falling under sub-clause 2 of section 497; Cr.P.C.
3. On the other hand, learned A.P.G assisted by learned counsel for the complainant submits that petitioners are named in the F.LR. That according to the statements of two witnesses, namely, Adnan and Ashraf both the petitioners gave kicks blow on the person of the deceased and that it is not a case of bail before arrest.
4. Heard. In all there are four accused including the petitioners. Co-accused Tasleem-ul-Haq is real maternal uncle of the petitioners. According to the F.I.R. Tasleem-ul-Haq co-accused fired a shot with his pistol, which hit the deceased on the right side of his flank, then, Rasheed Khan co-accused fired a shot, which hit the deceased on back side of his right thigh and he fell down, thereafter, both the petitioners fired at the spot. On 25-6-2007 in Crl.Misc: No,3926/B/07 filed by the petitioners, the learned Law Officer while appearing before my learned brother Mian Muhammad Najam-uz- Zaman, J: submitted that both the petitioners were found to be innocent and they were not required by the police so on this learned counsel for the petitioners withdrew said bail petition and thereafter, on the same day, complainant produced two witnesses, namely, Adnan and Ashraf before the Investigating Officer, who stated that petitioners also gave kick blows on the person of the deceased but this fact was not mentioned in whole of the F.I.R. Even Adnan and Ashraf P.Ws.
Produced by the complainant on 25-6-2007 were not eye-witnesses of the occurrence according to the F.I.R. No useful purpose can be served by cancelling the bail of the petitioners because if the bail after arrest can be allowed to the accused, then, bail before arrest can also be granted to the said accused. To my mind, complainant with mala fide 'intention tried to implicate the petitioners in this case by producing two witnesses mentioned above. In this view of the matter, interim bail already granted to the petitioners is hereby confirmed by accepting this petition, as their case falls within the purview of Sub-Clause 2 of Section 497, Cr.P.C.