' Petitioners (Khalil Ahmad, Aqil Ahmad, Muhammad Idrees, Muhammad Arshad and Imitaz Ahmad) seek pre-arrest bail in case F.I.R. No,562 of 2002, dated 10-11-2002, offence under sections 440/148/149, P.P.C., registered at Police Station Yazman, District Bahawalpur.
2. As per F.I.R., on 9-11-2002, petitioners alongwith co-accused while armed with different weapons, reached the spot and damaged Barseen crop belonging to the complainant, whereas, case was registered on 10-11-2002.
3. I have heard the arguments of learned counsel for the parties and perused the record.
4. Learned counsel for the petitioners submits that there is delay of two days in lodging the F.I.R.; that petitioners had filed civil suit against the complainant party which was decreed in their (petitioners') favor and watrant of possession was also issued, therefore, complainant party falsely,: implicated them in this case; that no such occurrence took place and that no recovery was effected from co-accused or the petitioners. Further submits that none received injuries during the occurrence and that co-accused namely Liaqat, Muhammad Yaqoob and Irshad Ahmad were allowed bail by the trial Court, therefore, petitioners too deserve concession of bail.
5. On the other hand, learned counsel for the complainant as well as State have opposed the application on the grounds that petitioners are named in the F.I.R. And that they damaged 'Barseen' crop of the complainant.
6. I have considered the submissions made by the learned counsel for the parties and perused the record carefully. The allegation against the petitioners is that they alongwith their co-accused damaged the crop, belonging to the complainant. According to F.I.R., they (petitioners) were armed with different weapons but none received any injury during occurrence. Admittedly, co-accused Liaqat, Muhammad Yaqoob and Irshad Ahmad were allowed bail by the trial Court. The petitioners have joined the investigation. As such, without going into the merits of the case, I find it a fit case for grant of bail to the petitioners. As such this application is accepted and interim pre-arrest bail already granted to them is confirmed. However, they are directed to file fresh bail bonds in the sum of Rs,50,000 (Rupees fifty thousand only) each with one surety each in the like amount to the satisfaction of the trial Court within seven days, failing which, bail granted to them shall stand cancelled.
Pre-arrest .