Law:

Section:

Criminal Procedure Code (V of 1898)--- Ss. 498 & 497 (5)-Bail before arrest--Leave to appeal against order of High Court setting aside order of Sessions Judge confirming petitioner's bail before arrest sought on grounds (i) report lodged by petitioner prior in time than that of respondent, (ii) plea of self-defence prima facie made out, (iii) petitioner not assigned any, active role,(iv) none of injuries on deceased individually fatal, (v) Investigation being complete and over--Held, in order to justify grant of bail before arrest, petitioner must show ulterior motive and no interference required by Supreme Court unless circumstances altogether of an exceptional character-Petitioner's case does not on any conditions qualify for interference in circumstances. Ali Mohammad v. Yamin and another 1981 S C M R 1139 and Ghulam v Haider v. Karim Bux P L D 1963 S C 46 fol. ORDER SHAFI-UR-REHMAN, J.-The petitioners seek leave to appeal against the judgment of the Lahore High Court dated 23-12-1980 whereby the order confirming their bail before arrest in a case under sections 302/ 149 and I48 P. P. C. was set aside and the petitioners were ordered to be sent to prison. 2. At 12-40 midnight of the night of 28/29-4-80 petitioner No. I who is a Civil Judge reported to the Police at his residence that while he was sitting in his drawing room, located apparently on the first floor, with petitioner No. 4 some one intruded in the bedroom on the ground floor. The intruder was caught hold of with the help of other petitioners and in the struggle the intruder received injuries. 3. Another written report was submitted to the police by Masha Allah Khan at 5-30 p.m. on 29-4-80 informing that Badar-ud-Duja, his brother had been invited by petitioner No. 1 - on phone to pass the evening with him at his House. Badar bad left saying he would return late in the night and none should wait for him. At the breakfast table next morning he was found…

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