TASSADUQ HUSSAIN JILLANL J. -- Respondent Bashir Ahmed was allowed post-arrest bail by the learned High Court in case F.I.R. j\lo. 454/10, dated 22.9.2010 under Sections 302, 324, 109 & 34, P.P.C, at Police Station Noor Shah, District Sahiwal, inter alia on the ground that the respondent and ' his co-accused were declared innocent during investigation; that qua the same occurrence, the co- accused party have also filed a private complaint and that it is a case of three versions inasmuch as even the mother of the Rani Bibi (deceased) has filed a private complaint with regard to the same occurrence, in which the respondent is not accused.
2. Petitioner's learned counsel seeks cancellation on the ground that respondent was specifically named in the F.I.R., which was lodged promptly and was no reason why be should have been falsely implicated in the case; that the alleged offence falls in the prohibitory clause of Section 497, Cr.P.C, and he should not be allowed bail. Learned Additional Prosecutor-General does not defend the impugned judgment.
3. Having heard the learned counsel for the parties, we note that the factual premise which found favour by the High Court has not been seriously controverted by petitioner's learned counsel.
4. In these circumstances, the exercise of discretion by the learned High Court being not arbitrary or against the law declared does not warrant interference. We do not find any merit in this petition and the same is dismissed. Leave refused.