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Petition for Special Leave to Appeal No. 256 of 1969, decided on 7th November 1969.

(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated 9th October 1969, in Criminal Miscellaneous Appeal No. 6031 of 1969).

S. 497‑Anticipatory bail in non‑bailable offence Person charged in F. L R. and attri buted specific part in assault‑Bail, held, rightly refused by High Court.

M. S. Baqir,

Advocate Supreme Court instructed by Muhammad Siddiq Chaudhri, Advocate on record for Petitioner.

Nemo for the State.

Date of, hearing : 7th November 1969.

‑The petitioner who is charged along with others under‑ sections, 302/307, 148/149 and 448/382, P. P. C. has been refused bail before arrest by the High Court. The petitioner was allegedly armed with a gun and fired a shot which hit Fateh Muhammad, .P. W. It was urged in the High Court that he was falsely implicated to disable him from prosecuting the defence on behalf of his son and brother who are co‑accused in the case. It was further claimed that the petitioner was in Pindigheb at the time of the incident. An affidavit by one Sardar Ali, Member, District Council, Campbellpur, was filed in support of the averment.

The learned fudge in 'the High Court thought it premature to make an assessment of the pleas raised in defence. The petitioner was charged the F. I. R., and attributed a specific part in the assault. No ground for enlarging him on bail was, therefore, made out.

We concur in the view adopted by the learned Judge and would add that as warrants for the arrest of the petitioner having been already issued the application for bail before arrest was manifestly misconceived. The petitioner has surrendered himself in Court.

The petition for leave to appeal dismissed.

Leave refused.

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