Law:

Section:

(a) Criminal Procedure Code (V or 1898)-----Ss.497 & 498---Penal Code (XLV of 1860), S.302---Accused were found innocent and were got discharged---Petitioner filed direct complaint against accused and non-bailable warrants were issued against them---High Court allowed pre-arrest bail, mainly on the ground that the Trial Court issued non­bailable warrants without properly examining the police record/findings, which went in favour of accused---Leave to appeal granted to examine whether the High Court itself properly examined the record and findings by the police; the findings by the police would not be superseded by the findings of the Trial Court for the purposes of subsection (2) of S.497, Cr.P.C. and the other similar purposes; in my case it was lawful and proper to allow pre-arrest bail to accused without the, having surrendered before the Trial Court and having made application for bail in the first instance before that Court and whether the condition of arrest being mala fide was satisfied. (b) Criminal Procedure Code (V of 1898)-- ---S.497---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal against order of grant of bail was granted to the petitioner-complainant against the accused---After the announcement of order but before its dictation petitioner pointed out that he would be satisfied if leave was granted against one accused only---Said accused was present in the Court and accepted the notice---On concession made by petitioner leave was granted only against that accused. ORDER MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by the complainant side in a murder case, against the grant of bail before arrest to respondents Nos.l and 2, by the High Court. During the investigation of the case the police having found the said respondents as innocent, they were got discharged. A direct complaint having been filed from the petitioner's side the said accused were summoned…

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