Law:

Section:

(a) Criminal Procedure Code (V of 1898)-----S. 498--Penal Code (XLV of 1860), Ss. 302, 307, 148 & 149-­Constitution of Pakistan (1973), Art. 185(3)--Bail before arrest-­Specific part having been ascribed to petitioner in the F.I.R. no case was made out for grant of pre-arrest bail to him--Application of petitioner, held, was correctly rejected by High Court and no interference was called for--Petition for leave to appeal dismissed. (b) Criminal Procedure Code (V of 1898)-- --S. 498--Penal Code (XLV of 1860), Ss. 302, 307, 148 & 149--Constitution of Pakistan (1973), Art. 185(3)--Bail before arrest-No specific role attributed to petitioner in the F .I. R. and his case found to be at par with two other co-accused already granted pre-arrest bail by Sessions Judge--Petition converted into appeal and accepting same petitioner admitted to pre arrest bail. ORDER JAVID IQBAL, J.--In this petition leave to appeal is being sought against the order of the Lahore High Court Multan Bench dated 12th May, 1987 whereby the petitioners' application for bail before arrest was dismissed. Petitioners Mohammad Amin and Anwar Ali alongwith 16 others are involved in a case under sections 302/307/ 148/149, PPC which is under investigation with Crimes Branch Lahore. The Additional Sessions Judge Pakpattan allowed bail before arrest to five of their co-accused namely Haji Asghar Ali, Mohammad Nawaz and Nabi Ahmad as they were empty handed and there was the allegation of only Lalkara against them, as well as Iftikhar Ahmad and Imtiaz for the reason that both were lecturers and well-educated persons and that although Iftikhar Ahmad was armed with a revolver and Imtiaz armed with Sots, there was no allegation as against them that they used their weapons or caused injuries to any person. Two of their other co-accused namely Saeed Ahmad and Mohammad Irshad who were empty handed and there was allegation of Lalkara against them were not challaned by the police because Saeed Ahmad was too old and infirm and Mohammad Irshad was found innocent. The petitioners moved application for bail before arrest before the Lahore High Court Multan Bench, but the learned Single Judge dismissed the same…

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