' ANWAR ZAHEER JAMALI, J.---This criminal petition for leave to appeal, challenges the order dated 16-3-2011, refusing to grant pre-arrest bail to the present petitioners.
2. By this Court, however, petitioners were admitted to interim pre-arrest bail vide order dated 28- 4-2011. On 7-6-2011 it was brought to our notice that evidence of complainant in Crime No,4 of 2009, Police Station Tando Bago, District Badin and three injured witnesses in the said crime has been recorded, whereupon, learned Advocate Supreme Court for the petitioners was directed to produce certified true copies of all such depositions. As per further order, notice of this criminal petition was also issued to complainant Muhammad Rahim son of Dharhoon, which was accordingly issued by the office, but he has not turned up.
3. It is an admitted position from the record that all the other accused nominated in the crime, except the present petitioners have been admitted to pre-arrest/post-arrest bail either by the trial Court or by the High Court. Perusal of certified copies of depositions of complainant and three injured witnesses reveals that none of them has supported the prosecution story about the involvement of petitioners in the commission of crime. This being the position, possibility of mala fide involvement of present petitioners in the commission of crime cannot be ruled out.
4. Accordingly, this petition is converted into appeal and allowed. Consequently, interim pre-arrest bail granted to the petitioners, vide order dated 28-4-2011, is confirmed in the same terms as recorded in the said earlier order.