' MUHAMMAD KHALID ALVI, J.---Petitioners Mazher Hussain and Azhar Hussain seek post-arrest bail in case F.I.R. No. 282 of 2007, dated 30-5-2007 under sections 186, 452, 506, P.P.C. Registered at Police Station Jauharabad District Khushab.
2. Precisely, the allegations levelled against the petitioners as per F.I.R. Are that they committed highhandedness by interfering in the official duty of public functionaries i.e. Patwari by entering into their office, while armed with respective weapons, snatched the Government/ public record from Patwari and torn up and also extended threats of murder to the said officials. Hence, this case.
3. It is contended that the present case has been got registered against the petitioners at the instance of Brig. Ahsan, who is relative of the petitioners and civil litigation is going on between the parties in District Khushab. It is further submitted that a false allegation of destroyed the official record was levelled against the petitioners, as no such destroyed record was recovered by the police from the place of occurrence; that the offences with which the petitioners are charged do not fall within the prohibitory clause of section 497, Cr.P.C.
4. On the other hand, learned DPG has opposed this application. However, he is not in a position to show from the record that any destroyed public record was recovered by the police from the place of occurrence.
5. I have considered the arguments advanced by the learned counsel for the parties.
6. Non-recovery of the public record, which was allegedly destroyed by the petitioners, prima facie speaks volumes about the bona fide of the contents of the F.I.R. The offences with which the petitioners are charged do not fall within the prohibitory clause of section 497, Cr.P.C. Bail in such cases should be granted as a matter of rule, however, in exceptional circumstances can be refused. No exceptional circumstances could be pointed out by the learned Law Officer. This application is accordingly allowed, petitioners are admitted to bail subject to their furnishing bail bonds in the sum of Rs.50,000 (Rupees fifty thousand only) each with one surety each in the like amount to the satisfaction of learned trial Court.