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Criminal Petition No. 53 of 1984, decided on 7th March, 1984.

(On appeal from the judgment dated 29‑2‑1984 of the Lahore High Court in Cr. Misc. No. 495‑B of 1984)

‑‑‑Art. 185(3)‑‑Criminal Procedure Code (V of 1898), S. 498‑‑Penal Code (XLV of 1860), S. 326/325/149/148‑‑Bail before arrest‑‑ Co‑accused arrested and petitioner not yet apprehended‑‑Petitioner's request for bail before arrest rejected by High Court‑‑Leave to appeal refused in circumstances.

Arif Iqbal Hussain Bhatti, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Petitioner.

Date of hearing: 7th March, 1984.

The petitioner Fazal Karim is accused, alongwith three others, to have caused injuries with hockey sticks to Muhammad Latif, P.W. and a case under section 326/325/149/148, P.P.C. has been registered against the aforesaid four persons and two others, who caused injuries to Mst. Seems, another P.W.

While the petitioner's co‑accused have been arrested the petitioner has not yet been apprehended. He sought bail before arrest from the Lahore High Court but this was refused by the learned Chief Justice of the said Court vide his order dated 29‑2‑1984. He has now moved this Court for the same relief.

After hearing learned counsel for the petitioner we are inclined to agree with the view of the learned Chief Justice of the High Court that this is not a fit case for bail before arrest and the petitioner may, if so advised, move for bail after arrest.

This petition fails and is, accordingly, dismissed hereby.

M. I. Leave refused.

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