' MANZOOR AHMAD MALIK, J. --- The single order shall decide Criminal Miscellaneous No 12767-B of 2014 titled as "Muhammad Shakeel v. The State" and Criminal Miscellaneous No 13116-B of 2014 titled as "Ali Hussain v. The State etc." as both these matters have arisen out of the same case i.e, F.I.R. No, 111/2013, dated 11.10.2013, offence under Sections 409, 411 and 109, P.P.C. Read with Section 5 of the Prevention of Corruption Act, 1947 (II of 1947), registered at Police Station FIA/ACC District Lahore.
2. Precisely the prosecution story, as set out in the F.I.R., is that a raid was conducted upon the factory of one Amir Qayyum who was found involved in installing a transformer at his factory unauthorizedly.
3. After hearing the learned counsel for the parties as well as learned Deputy District Public Prosecutor and going through the record, it has been observed as follows:--
(i) The precise prosecution story in this case is that an electricity connection was sanctioned in the name of one Habib Ali prior to 1990 and the same remained under the use of Amir Qayyum. On 11.10.2013 a raid was conducted upon the factory of Amir Qayyum and found an authorized transformer installed at his factory. It was .Specifically asked from the learned Deputy Attorney General as well as Investigating Officer, present with record, that as to when this transformer was installed at the factory of Amir Qayyum, they have not been able to answer this question.
(ii) So far as Muhammad Shakeel petitioner is concerned, the remained posted at Faizpur Sub- Division, LESCO, Lahore as Line Superintendent/Feeder lncharge from 01.02.2006 till October, 2007, whereas Ali Hussain, petitioner from 01.07.2007 to 05.06.2008. It is astonishing for me when it has not determined during the course of investigation as to when the unauthorized transformer was installed at the factory of Amir Qayyum how both these petitioners were implicated in this case.
(iii) Malik Zakar Hussain, who was posted as Line Superintendent/Feeder Incharge when the unauthorized transformer was detected from the factory of Amir Qayyum, has been allowed after arrest by the learned Trial Court which order has not been assailed any further as confirmed by Deputy Attorney General.
(iv) It has been further confirmed by learned DAG that amount of the transformer and loss suffered by the LESCO Authorities has been deposited by Amir Qayyum.
(v) Nothing is to be recovered from the petitioners and as such no useful purpose would be served by sending the petitioner behind the bars.
' In the circumstances, mala fide on the part of complainant for the false implication of petitioners cannot be ruled out. Therefore, both these petitions are allowed and ad-interim pre-arrest bails already allowed to the petitioners are hereby confirmed subject to their furnishing fresh bail bonds in the sum of Rs, 1,00,000/- (rupees one lac only) each with one surety in the like amount to the satisfaction of learned Trial Court.
4. Before parting with this order, it is clarified that the observations made in this order are tentative in nature and relevant only for the disposal of this bail petition which shall not influence the learned Trial Court in any manner, whatsoever. Ad-interim pre-arrest .