SAJJAD AHMED SIPRA, J.- The petitioners are accused of offences under Sections 302/148/149/109 PPC, vide FIR No. 283/93 dated 4.8.1993, registered at Police Station Naushera Virkan, District Gujranwala.
2. The learned counsel for the petitioner and the State were heard at length in respect of the contentions raised herein. It was confirmed on behalf of the State that in the first three investigations conducted in the instant case, the petitioners were declared innocent, whereas in the fourth investigation, conducted by the Superintendent of Police CIA, Gujranwala, the said Investigating Officer had come to the conclusion that Molvi Muhammad Ashraf, petitioner No.2, is guilty of abetment, whereas he had not given any finding with regard to Muhammad Rafique, petitioner. No. 1. Therefore, it is hereby held that under such circumstances, the case of the petitioners is one of further inquiry, being duly covered under the provisions of Sub Section (2) of Section 497 Cr.P.C. In this respect, reliance is placed upon PLD 1972 S.C. 81 and PLD 1972 S.C. 277, wherein it has been held that neither the law is to be stretched in favour of the prosecution nor the bail is to be refused as punishment. It was further confirmed on behalf of the State that the petitioners were neither previous convicts nor hardened criminals and that they have been in the judicial custody for over i.e months and they are no longer required by the police.
3. Therefore, the petitioners are hereby allowed bail in the sum of Rs. 30,000/- each with two sureties teach in the like amount to the satisfaction of the A.C./Duty Magistrate, Gujranwala.