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Criminal Miscellaneous No. 1470-B of 1983, decided on 14th March, 1983.

--S. 307/148/149-Criminal Procedure Code (V of 1898), S. 498 --Bail before arrest, grant of-One of petitioners declared innocent during investigation while other although armed with a dang yet caused no injury to anyone-A case for grant of bail, held, made out, in circumstances.

---S. 307/148/149-Criminal Procedure Code (V of 1898), S. 498-- Bail before arrest, grant of-Petitioner armed with a gun at time of occurrence and allegedly opening fire-Mere registration of cross-cases against parties, held, no good ground to release petitioner on bail specially when accused in counter-case yet in jail-Bail declined, in circumstances.

M. R. Khalid Malik for Petitioners.

Zulfiqar Ishaq Lodhi for the State.

This is an application for pre-arrest bail on behalf of Muhammad Khan, Abdul Haq and Sardar Khan petitioners in a case under section 307/ 325/ 1 481149, P. P. C. registered at P. S. Mitroo, vide F. I. R. No. 181/82, dated 22-10-1982.

2. The prosecution case is that the petitioners with others in further ance of their common object launched murderous assault upon Muhammad Siddiq, Ghulam Rasool and Muhammad Ashraf, on 19-10-1982 in the area of Chak No. 190/W. B. of P. S. Mitroo.

3. The learned counsel submits that it is a false case wherein Sardar Khan petitioner has been declared innocent and as for Muhammad Khan and Abdul Haq there are no reasonable grounds to believe that they have committed an offence punishable under section 307, P. P. C. Furthermore, there are cross-cases of the occurrence.

As against this, the learned counsel for the State has opposed dais application.

After hearing the learned counsel for the parties I find that as admitted by the learned counsel for the State that Sardar Khan has been declared innocent during the investigation and Muhammad Khan petitioner although" armed with a dang yet he did not cause any injury to anyone. To my mind, a case for the grant of pre-arrest bail to Sardar Khan and Muhammad Khan petitioners is made out. The interim pre-arrest bail already granted to them is hereby, affirmed.

5. As for Abdul Haq, I find that allegedly he was armed with a gun at the time of occurrence and he opened fire. The mere fact that B there are cross-cases, would not be a good ground to release the petitioners on bail especially when in the counter-case, the accused persons were detained in jail.

6. For what has been stated above, the application to the extent of Abdul Haq is dismissed.

S. G. D. Order accordingly.

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