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Criminal Miscellaneous No. 597 of 1981, decided on 26th October, 1981.
‑‑‑ Ss. 498 & 497 (5)‑ Pre‑arrest bail, cancellation of‑Grievous injury attributed to respondent‑Pre‑arrest bail allowed to respon dent cancelled in circumstances--‑ Penal Code (XLV of 1860), S. 148/325/452/365/149.
MoinudDin Ch. for Petitioner.
Akhtar Masood for the State.
Athar Rehman Khan for the Complainant.
Date of hearing : 26th October, 1981.
This is an application for cancellation of pre‑arrest bail granted to Alam Din respondent No. 1 by the learned Additional Sessions Judge, Vehari, vide his order dated 9th June, 1981 in‑case under section 148/325/ 452/365/149, P. P. C. registered at Police Station,‑ Vehari vide F. I. R. No. 117/81.
The allegations against the petitioner are that having made preparation to cause hurt he committed trespass into the house of the petitioner and caused grievous injury to Noor Ahmad.
2. Learned counsel for the petitioner has submitted that it was not a fit case for the grant of pre‑arrest bail. As against this, learned counsel for Alam Din respondent has stated that Fateh Muhammad and others have been allowed bail, challan has been submitted and that the case of respondent No. 1 is not distinguishable from respondents No. 2 and 3.
3. After hearing the learned counsel for the parties I find that so far as Fateh Muhammad and Umar Din respondents are concerned they alle gedly caused simple injuries to the victim and their case is, therefore, dis tinguishable from that of respondent No. 1.
I have gone through the order whereby the Additional Sessions Judge allowed pre‑arrest bail to respondent No. 1, I am of the opinion that since grievous injury has been attributed to respondent No. 1, he was not entitled to the concession of pre‑arrest bail. In these circumstances, the bail granted to him by the learned Additional Sessions Judge is cancelled.
4. It would, however, be open to the respondent to move the trial Court or the learned Sessions Judge for bail after arrest and in that case the trial Court as well as the Sessions Court would consider the question of grant or refusal of bail uninfluenced by the order of this Court because the bail has been cancelled keeping in mind the considerations for the grant of pre‑arrest bail.
M.Y.M Bail cancelled.
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