1. 'ANWAR ZAHEER JAMALI, C.J.- At the outset learned counsel for the applicant Rizwan Hanif states that the trial Court has already granted bal to applicants Nos.2 and 3, therefore, he is not pressing this bail application on their behalf. As regards the applicant No,l, he submits that he has been admitted to interim pre-arrest bail vide order dated 12-2-2008, and from the contents of the F.I.R.
2. No,29/2008 of Police Station Hussainabad, it is evident that due to previous enmity and dispute between the parties, the false, concocted and mala fide F.I.R, has been lodged against the applicants. In this regard learned counsel has made reference to various documents available in the Court file, particularly, the copy of Petition No,S-481/ 2004, which was filed by the applicant No,3 and his son Dr. Ahmer against some police officials and Zulfiqar Ali son of Taj Muhammad, the son of complainant in Crime No,29/2008. Learned counsel reiterated that it is only due to animosity and ulterior motive that the applicant has been falsely involved in the crime, therefore, he is entitled for the confirmation of interim pre-arrest bail granted to him by this Court.
3. 'Learned State Counsel has opposed the confirmation of interim pre-arrest bail earlier granted to the applicant. He contends that the delay in lodging of F.I.R, is not of three years as recorded by the trial Court in its order dated 26-1-2008 but it is of approximately 50 days and in such circumstances no mala fide can be attributed to the complainant, at this stage.
4. I have considered the submissions of the learned counsel and perused the record, which reveals that there is subsisting dispute between the applicant's family and the complainant in Crime No,29/2008. In such circumstances the allegations contained in the F.I.R, cannot be lightly accepted as true and correct unless the complainant succeeds to establish such allegations. In the giving facts and circumstances, lodging of the F.I.R, after delay of 50 days is also significant, therefore, mala fide implication of the applicant in the commission of the alleged crime cannot be ruled out.
5. 'Accordingly, interim pre-arrest bail granted to the applicant Rizwan Hanif is confirmed in the same terms as contained in the order dated 12-2-2008.