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Petitioner: ZAFAR HAYAT VS Respondent: THE STATE
1988 P Cr
1988 P Cr. L J 2452
[Lahore]
Before Muhammad Munir Khan, J
ZAFAR HAYAT and others---Petitioners
Versus
THE STATE‑‑Respondent
Criminal Miscellaneous No.1224/B of 1988, decided on 20th April, 1988.
Criminal Procedure Code (V of 1898)‑‑
‑‑‑S. 498‑‑Penal Code (XLV of 1860), S. 302/34‑‑Bail before arrest, grant of‑‑Petitioners against whom non‑bailable warrants were issued by Trial Court, moved bail application before High Court instead of appearing before Trial Court and praying for grant of bail‑‑High Court directed that petitioners should not be arrested till date specified in warrants so that they could appear before Trial Court and move their bail application there.
Sanaullah Hashmat for Petitioners.
Date of hearing: 20th April, 1988.
ORDER
This is an application for grant of pre‑arrest bail to Zafar Hayat, Muhammad Ali, Iqbal, and Khan petitioners in a case under section 302/34, P.P.C. pending before the learned Additional Sessions Judge, Sargodha.
2. The prosecution case is that the petitioners had committed murder of Ghulam alias Gulla on the night between 11/12‑3‑1987 in the area of Chak No.170/172 of P.S. Sallanwali.
3. I have heard the learned counsel for the petitioners: I find that in the complaint filed by Ahmad against the petitioners, non‑bailable warrants for procuring appearance of the petitioners were issued by the learned Additional Sessions Judge for 23‑4‑1988. Instead of appearing before the trial Court and praying for grant of bail of them, the petitioners have moved this application before this Court. In the circumstances I direct that the petitioners shall not be arrested till 23‑4‑1988 so that they may appear before the learned trial Court and move application for bail before it. The learned trial Court will decide the question of bail to the petitioners without being influence by this order. The petition is disposed of accordingly.
H.B.T./Z‑70/L Order accordingly.