' This order will dispose of Criminal Miscellaneous No,3549/B of 2003 filed by Haji Manzoor Ahmad, petitioner and Criminal Miscellaneous No,4005/B of 2003 filed by Muhammad Amin, petitioner.
2. Learned counsel for Haji Manzoor Ahmad petitioner submits petitioner is aged about 83 years, that he has been placed on record Photostat copy of the National Identity Card of the present petitioner, that no over act is attributed to the present petitioner, that he has been falsely implicated alongwith his six sons, that he has also been found innocent by the police, that he was discharged by the police in 1996 and against that order complainant party approached this Court and that order of discharge was maintained by this Court.
3. As far as, Muhammad Amin, petitioner is concerned, learned counsel for Muhammad Amin petitioner submits that no over act is attributed to him, that no injury was attributed to him, that he has also been found innocent, he was also got discharged by the police and that order was maintained by this Court.
4. On the other hand, learned counsel for the complainant submits that Haji Manzoor Ahmad petitioner is a person of bad character, that he is terrorist and involved in different cases, that he was declared P.O., that if he is released on bail he will cause further damage to the complainant party, that in the latest investigation held by A.S.P., Nankana he had been found guilty.
5. On the other hand, learned counsel for the State supports the contentions raised by learned counsel for the complainant.
6. On my query to Zahoor, S.-I. Present in Court whether any proceedings under sections 87/88, Cr.P.C. Were initiated against the present petitioners, he submits that those were initiated on 15-3- 2003, i.e, seven years after the occurrence. He also submits that petitioners were also found innocent in the earlier investigation.
7. I have heard learned counsel for the parties. In the instant case, no overt act is attributed to both the petitioners. Haji Manzoor Ahmad petitioner is 83 years of age according to Photostat copy of his national identity card which was issued in 1990, both the petitioners were found innocent, they were got discharged by the police and that discharged order was maintained by the this Court, nothing incriminating was recovered from them, now the stance of the prosecution has been changed and it had been submitted before me that Haji Manzoor Ahmad was not present at the spot and he was accused of abetment and section 109, P.P.C. Had been added. To my mind, police did not arrest them being satisfied that petitioners were innocent in this case because proceedings under sections 87/88, Cr.P.C. Were initiated against them seven years after the occurrence. In this view of the matter, both these petitions are accepted. Petitioners are allowed bail subject to furnishing bail bonds to the tune of Rs,100,000 (one lac) each with two sureties each in the like-amount to the satisfaction of learned trial Court.