' This is a petition for grant of pre-arrest bail, on behalf of Sultan and Khan, petitioners herin, who are wanted in case F.I.R. No, 84/94, dated 26-1-1994, under section 302/109/148/149, P.P.C. Lodged at Police Station Noor Shah, District Sahiwal, by Muhammad Yasin, brother of Ghulam Farid (deceased).
2. According to the F.I.R., Ghulam Farid (deceased) was suspected of having illicit connections with Mst. Rajan widow of Noor and daughter of Ramzan. On the day of occurrence, it is alleged, the complainant alongwith the deceased were going to Chak No,56/G.D. When they were waylaid by Waryam, Muhammad Ali, Liaqat Ali and Riaz and the deceased was killed by giving injuries with hatchet. It is also alleged in the F.I.R. That the murder was committed at the instance of Sultan and Khan, petitioners herein.
2-A. The petitioners applied for grant of pre-arrest bail before the Sessions Judge, Sahiwal but their bail petition was dismissed for non-prosecution, hence this petition.
3. I have heard learned counsel for the parties and also perused the record.
4. Obviously the alleged murder was committed in the absence of the petitioners. It may further be mentioned that Muhammad Ashfaq, A.S.I., who is present with record states that the D.S.P. Who investigated this case has found the petitioners as innocent. In the circumstances, I feel inclined to allow this petition. Consequently, interim pre-arrest to the petitioners vide my order, dated 26-2- 1994 is hereby confirmed.