' SH. ABDUL RASHID, J.---Muhammad Ashfaq and Shaukat Ali, the petitioners, vide Crl. Misc. No,669- B/2004 have applied for post-arrest bail in case F.I.R. No, 1613/2002, under sections 379/ 411/452/337-L/2, 337-A/1, 337-A/3, 34, P.P.C. Registered with Police Station Lundianwala, District Faisalabad.
2. According to the prosecution's allegation Shafqat Parveen widow of Muhammad Riaz, the complainant along with her brother Arif Hussain and nephew Shahid Pervaiz were present at their house when at about 10-00 a.m. Muhammad Ashfaq, petitioner, empty-handed, Mst. Nasim Akhtar wife of Muhammad Ramzan armed with stick, Ejaz Ahmad co-accused armed with stick and Shaukat Ali, petitioner, armed with stick while raising 'Lalkaras' entered the house of the complainant. The petitioner called out to complainant that she would be taught a lesson for getting. The possession of the house and then he took up a licenced .12 bore gun belonging to Arif Hussain, brother of the complainant, and gave two 'butt' blows to the complainant hitting her on head and eyes brows. Arif Hussain and Shahid Pervaiz P.Ws. Tried to rescue her and consequently Muhammad Ashfaq, petitioner, caused injuries to them with `butt' of the gun. Shaukat Ali, petitioner, also inflicted two stick blows hitting Shahid Pervaiz on his head. Ejaz Ahmad co-accused also gave two stick blows to Shahid Pervaiz and thereafter Shaukat Ali, petitioner, also gave two stick blows to Arif. On the alarm, the residents of the village were attracted and on seeing them the petitioners and their companions made good their escape.
3. It has been argued on behalf of the petitioners that the case had been investigated by the S.H.O.
Of the concerned police station and both the petitioners were found to be innocent having not participated in the occurrence and subsequently, this case was investigated by the A.S.P, Jarranwala who also found both the petitioners innocent and thereafter the case has been investigated by the SP, Faisalabad, who had also found both the petitioners innocent having not participated in the occurrence. In the police investigation it has transpired that Sarwar, Nisar and Shahzad were responsible for the occurrence and they have also been challaned in this case and as such the petitioners' case is matter of further inquiry.
4. The record reveals that in three successive investigations both the petitioners have been found to be innocent. It also transpired that they did not participate in the occurrence as they were not present at the scene of occurrence. There is enmity between the parties because the complainant is widow of Riaz, who was murdered and the complainant along with her co-accused Akmal alias Papu were challaned for his murder but the complainant was acquitted. The present petitioners are brothers-in-law of said Riaz of whose murder the complainant was challaned along with convicted accused and Ashfaq, petitioner, was complainant in the murder case of said Riaz whereas Shaukat Ali was the P.W. In that case. In this background of enmity, the false implication of the petitioners cannot be ruled out and since petitioners have been found to be innocent during the three investigations, their case falls within the ambit of further inquiry and as such both the petitioners are admitted to bail in the sum of Rs,25,000 with one surety each in the like amount to the satisfaction of the trial Court.