Law:

Section:

Criminal Procedure Code (V of 1898)-----S. 497(5)--Penal Code (XLV of 1860), S. 302--Bail, cancellation of--In a case of murder accused (respondent, was granted bail before arrest while other accused were granted bail after arrest--Petitioner choosing to challenge bail granted to accused (respondent) before arrest and not challenging bail granted to other accused after arrest although latter were falling in same category to which accused (respondent) belonged--Prima facie case of petitioner not distinguishable from that of other: to whom bail had been allowed--Held, no useful purpose was likely to be served if bail of accused (respondent) was cancelled on any technical ground because after arrest he could again be allowed bail on the ground that similarly placed other accused were already on bail--Interference declined by Supreme Court. Malik Saeed Hassan, Advocate with S. Abid Nawaz, Advocate-on-Record (absent) for Petitioner. Mian Nusratullah, Senior Advocate Supreme Court for Respondent No. 2. Date of hearing: 19th March, 1986. JUDGMENT MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought from judgment dated 10-11-1985 of the Lahore High Court; whereby in a case of murder, Zafar Ullah Khan respondent was allowed bail before arrest. 2. The case of murder was initially instituted against seven persons. The…

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