Law:

Section:

Criminal Procedure Code (V of 1898)-------S. 498---Penal Code (XLV of 1860), S.149---Pre-arrest bail, refusal of---Bail applications having no merits, were rejected---Interim bail order passed earlier was recalled---Direction was given to the Trial Court to expedite the proceedings and examine the star-witnesses within the specified period---In the meantime counsel for accused persons had suggested that there was a possibility of compromise between the parties---Counsel was at liberty to pursue such compromise which, however was totally denied by the counsel for the complainant---All the parties were present in court and complainant had not shown any sign of compromise---Bail was refused in circumstances. 1996 SCMR 1845; 2001 PCr.LJ 216; 1973 PCr.LJ 74; 1996 PCr.LJ 1612; 1994 PCr.LJ 1102; 2007 SCMR 1412; 2006 SCMR 933; 2007 SCMR 1607; 2002 SCMR 1370; 1992 SCMR 501 and 1981 SCMR 1092 ref. Muhammad Saleem Hashmi for Applicants (in Criminal Bail Application No.S-9 of 2008). Madad Ali Shah for the Complainant. Mumtaz Alam Leghari, Asstt. A.-G. for the State. ORDER FARRUKH ZIA G. SHAIKH, J.---By this single order I intend to dispose of both the bail applications captioned above. Learned counsel for the applicants has stated that applicants present in Court may be granted bail before arrest and he has relied on 1996 SCMR 1845, 2001 PCr.LJ 216, 1973 PCr.LJ 74 and 1996 PCr.LJ 1612. It is contended that in Criminal Bail Application No.S-9 of 2008 interim pre-arrest bail was granted to the applicants and the medical certificate contradicts the F.I.R. Further that bail has never been misused by the applicants and this is a fit case for grant of bail. At this stage it cannot be ascertained as to which party is aggressor and which party has been aggressed. The learned counsel for the applicants has further stated that this itself makes out a case of further inquiry and that in view of 1994 PCr.LJ 1102, the applicants are not hardened or desperate criminals and are not required by the police. Medical evidence is also in consonance with the ocular evidence and only tentative view has to be taken on record. On the other hand learned counsel for the complainant has relied on…

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