' MANZOOR AHMAD MALIK, J.---The petitioners seek pre-arrest bail in case FIR No, 597/2015 dated 11.12.2015, offence under sections 440, 148 and 149, P.P.C., registered at P.S. Peer Mehal, District Toba Tek Singh.
2. Precise allegation against the petitioners, as contained in the FIR is that on 05.07.2015 at about 5.00 a.m. In the morning, the petitioners along with their co-accused, after consultation, included some land of the complainant into their own land; that when the complainant tried to forbid them from doing so, the petitioners armed with different weapons belabored him and threatened to kill him.
3. After hearing the learned counsel for the petitioners, learned counsel for respondent No,2/caveat, learned Additional Prosecutor General Punjab and perusing the material available on record, we have noticed that there is a delay of more than five months in lodging the FIR; that there is no mention of the application which purportedly was filed by the complainant before the Revenue Department before the lodging of FIR; that the complainant has alleged in the FIR that present petitioners along with their co-accused gave severe beating to him, but there is no MLR available on record to show that the complainant got injured during the incident, that no specific role has been attributed to the petitioners in the FIR and that prima facie the dispute qua the land appears to be more of civil in nature than criminal. In these circumstances, mala fide on the part of the complainant for false implication of the petitioners cannot be ruled out.
4. For what has been discussed above, this petition is converted into appeal and the same is allowed. Conselluently, petitioners namely Ramzan, Chiragh and Razzaq are allowed bail before arrest in the instant FIR, subject to furnishing their bail bonds in the sum of Rs, 1,00,000/-(rupees one lac only) each, with one surety each, in the like amount, to the satisfaction of learned trial Court.