S.M. ZUBAIR, J.- Sher Muhammad and Malik Pervaiz petitioners, who are involved in a case under sections 380/457 P.P.C, arising out of F.I.R No.90 date) 5.3.1990, registered at Police Station, Samanabad Lahore, seek to be admitted tp pre-arrest bail.
2. Vide order dated 22.4.1990, they were granted ad interim bail before arrest by this Court. To-day the case is fixed for confirmation or otherwise of the interim bail.
3. I have heard the learned counsel for the parties at some length and have gone through the police file very carefully. The pre-arrest bail of the petitioners was rejected by the learned Addl.
Sessions Judge on 15.4.1990 and thereafter they were granted ad interim bail by this Court on 22.4.1990. In between this period, there Is only one zimini dated 15.4.1990 in which it is mentioned that the acce^a (petitioners) ran-away from the Court's premises after the cancellation.. Their bail but there is no other zimini which could show that the police wanted to pursue the case efficiently and diligently. Even zimini No.4 shows that at one time D.S.P. Ichhra, who was seized of the investigation came to the conclusion on the evidence produced before him that the case against the petitioners is of dubious character and they are innocent and have been involved mala fide.
There is substance in the contentions of the learned counsel for the petitioners, that the complainant being relative of Hafeezur Rehman S.I. Police, in order to pressurize the petitioners, has involved them in this case, so petitioner No.1 may sell his adjacent house under pressure to the complainant at throw away price. The bare reading would show that petitioners' all family members have been named as culprit due to suspicion without any direct evidence. The perusal of the police file also shows that Javid one of the sons of petitioner No.1 remained in police custody for seven days in this case, but no incriminating articles could be recovered from him, ultimately he was got discharged.
4. In view of the above discussion ad=interim to the petitioners vide order dated 22.4.1990 is confirmed.