Khadim Hussain, Zakir Hussain and Hassan Ali, the petitioners through the instant petition seek pre- arrest bail in case F.I.R. No.3 dated 7-1-2003 under sections 440/427, P.P.C. Registered with Police Station Chab Kalian, District Khanewal.
2. Briefly the prosecution case as per F.I.R. Is that they on 22-10-2002 while armed with lethal weapons had damaged the crop of the complainant through their goats and sheep.
3. It has been contended on their behalf that they have falsely been roped in; that complainant had made various applications to different authorities and in all such applications his version has been different; that there is background of long-standing litigation between them and the complainant in respect of the land in dispute; that the land in dispute in fact was allotted to their predecessor Shukroo and they are occupying the same till today; that the story of the damage to the crop of the complainant has been fabricated just to compel them to vacate the same; that no damage at all to the crop of the complainant was caused; that civil revision filed by Shukroo in respect of the land in dispute is pending adjudication before this Court and the present case is counter--blast to the same; and that they have joined the investigation and are also ready to join further if needed.
4. Conversely the learned counsel for the State assisted by the learned counsel for the complainant has opposed the petition on the ground that they are 'named in the F. I. R.; that their goats and sheep have entered the crop of the complainant and had damaged the same; that no mala fide at all on the part of the complainant is there for their involvement in the instant case; and that it is a case of high-handedness on their part.
5. I have carefully considered the submissions made by the learned counsel for the parties with the help of available record.
6. Admittedly the land in dispute originally was allotted to the deceased father of the petitioners. It is their claim that till today they are occupying the same. It is also admitted fact that the parties are in litigation in respect of the same since long. Even the C.R. No.504 of 1997 brought by father of petitioners Nos. 1 and 2 is pending before this Court.
7. In view of the factum of background .Of long-standing litigation between the parties in respect of the land in dispute and their (petitioners) claim that they are occupying the same, it is yet to be seen that if they can be held for the alleged offence or not. Their case, thus is covered under subsection (2) of section 497, Cr.P.C. They have admittedly joined the investigation and are ready to do so in future.
8. In these circumstances, I find that case for grant of pre-arrest bail to them has been made out.
9. Resultantly, the petition is accepted and the interim pre-arrest bail already granted to them is confirmed subject to their furnishing fresh bail bonds in the sum of Rs.50,000 (Rupees fifty thousand) each with one surety each in the like amount to the satisfaction of the learned Ilaqa Magistrate.
10. They are, however, directed to join the investigation as and when so required.
H.B.T./K-218/L