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Criminal Miscellaneous No.1438-B of 1986/BWP, decided on 6th October, 1986.

--S.498--Bail, pre-arrest--Accused who allegedly fired at a person belonging to complainant party and caused simple injury contending that complainant party despite a stay order issued in favour of accused had forcibly carved out with tractor a pathway in lands of accused and got instant case registered in order to pressurise him and that Sessions Court while refusing pre-arrests bail to accused did no consider in true perspective facts and circumstances of case- Contentions raised requiring examination--Accused admitted to pre-arrest bail.

Malik Muhammad Aslam for Petitioner.

This is a petition for the grant of pre-arrest bail moved or behalf of Muhammad Hussain Khan, a local Advocate, who allegedly fired at one Siddiq and caused simple hurt on his head. It is stated that the complainant party despite a stay-order issued in favour of the petitioner had forcibly carved out with tractor a pathway in the lands of the petitioner and in order to pressurise and prevent the; petitioner from objecting to the use of way illegally made on the land h of the petitioner, the instant case has been got registered. It is further contended that the learned Addl. Sessions Judge while requiring pre-arrest bail did not consider in true perspective the facts and circumstances of the case: The contention raised needs examination.

2. Admit. Notice.

3. Meanwhile the petitioner is admitted to interim pre-arrest bail till 15-10-1986 in the sum of Rs.25,000 with two sureties in the like amount to the satisfaction of Deputy Registrar of this Court. The s petitioner is however directed to join the investigation meanwhile.

M.Y.H./M-400/L Interim anticipatory bail granted.

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