1. SAJJAD AHMAD, J.- Elahi BakhsH, appellant herein, is one of the six persons, who were convicted by the Sessions Judge, Sahiwal, for having committed five murders of members of the same family in Pakpattan on the night between the 18th and 19th of June 1966. The appellant's Appeal No. 658 of 1971/Murder Re--ference No. 198 of 1971 is pending in the Lahore High Court. An application on behalf of the appellant was moved in the High Court under section 426, Cr. P. C., which has been dismissed, leading to a petition to this Court for Special Leave to Appeal.
2. The appellant was found guilty by the learned Sessions Judge for abetment of the aforesaid murders under sec--petition 302/149, P. P. C. For which he has been sentenced to transportation for life.
3. It was argued by the learned counsel for the appellant that the charge of abetment against the appellant was made by the prosecu--petition witnesses before the police one and a half months after the occurrence. This fact is not denied by the learned counsel, who has appeared for the State. Further, it appears that although in the F. I. R. The appellant was also stated to be one of the suspects: who had allegedly committed these murders, he is not shown to be related with the other convicts, and had apparently no motive to participate in this crime.
4. Without prejudice to the merits of the appellant's case. Which have to be determined in appeal by the High Court, we consider that Ex facie on the facts, as stated, the appellant should have been given relief of interim bail under section 426, Cr. P. C.
5. We had converted the petition for Special Leave to Appeal Into an appeal after issuing notice to the State counsel, and we are deciding it as such.
6. The appeal is accepted and the appellant is alloyed interim bail to the satisfaction of the Assistant Commissioner, Pakpat--tan, during the pendency of the appeal in the High Court.