Law:

Section:

Criminal Procedure Code (V of 1898)---S. 498---Constitution of Pakistan (1973), Art.185(3)---Pre-arrest bail, grant of---Discretion in the matter of grant of bail in favour of accused, exercised by the High Court, did not suffer from any legal infirmity or arbitrariness---Supreme Court would not interfere with the exercise of discretion by the High Court, unless it was shown to have been exercised in a manner not warranted by law or not supported by record---Order passed by the High Court was not disturbed. ORDER RANA BHAGWANDAS, J.--- Petitioner-complainant is aggrieved by Sindh High Court, Sukkur Bench order, dated 8-3-2007, confirming interim pre-arrest bail granted to respondents Nos. l and, 2 vide order 27-3-2006. 2. Both the respondents along with co-accused Mukhtiar Ali, Qurban Ali, Ghous Bakhsh, Abdul Ghafoor and Abdul Ghani were nominated for committing Qatl-i-Amd of deceased Abdul Hakim and Karim Bakhsh, committed on or about 23-1.1-2005 at about 9-00 a.m. within the jurisdiction of Police Station `B' Section, District Khairpur. After investigation, both the respondents were found to be not involved in the act, attributed to them. Their names were, accordingly, shown in column No.2 of the charge sheet. During the course of investigation, it transpired that respondent Allah Wasayo was serving as a Senior Teacher/Headmaster in a primary school whereas Khuda Bakhsh was serving as peon in another primary school and were present on duty on the date of incident. In view of plea of alibi raised by them, Investigating Officer recorded the statements of as many as five teachers from both the schools and expressed his opinion that both the respondents were least…

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