Date. Order with signature of Judge
FOR ORDERS ON M.A.1926/2008.
FOR HEARING.
29.07.2008.
Mr. Abdul Latif Bhatti, Advocate for the applicant.
Mr. Bahadur Ali Baloach, State counsel.
Respondents present in person.
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1. Dismissed as served its purpose.
2. I have heard the learned counsel for the applicant. There is no substance for consideration of this criminal miscellaneous application. The learned Sessions Judge has granted the pre-arrest bail to the respondents after considering the material available on record and has not committed any error. It is now well settled principles of law that once the bail is granted then exceptional strong grounds are required for cancellation of the bail. The learned counsel for the applicant/complainant has failed to point out any exceptional strong ground for cancellation of the bail. He only states that since respondents are nominated in the F.I.R. bail before arrest is not justified.
From the perusal of the F.I.R. it appears that there is enmity between the parties over the measurement of agricultural land and that at the time of alleged incident the applicant was not present and he was informed by his brother Muhammad Achar that on 27.2.2007 the accused persons committed the alleged offence. The F.I.R. was also lodged on 3.3.2007 i.e. after the delay of five days of the alleged incident.
Mr. Bahadur Ali Baloach, learned State counsel vehemently opposed the cancellation of pre-arrest bail granted to the respondents. He submits that since the challan has been submitted before the learned trial court, the accused persons are attending the trial court and they are no more required for investigation.
In view of the above, I do not find any justification to interfere with the order of granting pre-arrest bail by the learned Sessions Judge.
The application is therefore dismissed.
JUDGE