TANVIR AHMAD KHAN, J.- The petitioner has applied for prearrest bail in a case registered against him vide FIR No.49/48 dated 13-5- 1988 registered at Police Station Noorkot, District Sialkot u/ss 307/148/149/109 PPc.
2. The allegations against the petitioner and other co-accused were that they received Jagga Tax from the drivers of the complainant party. There-upon on receipt of this information while the complainant along with others were going in bus No.9750/FID to report this matter to DSP Shakargarh and on their way the present two petitioners alogwith others armed with different weapons fired at the bus. However, according to the FIR the complainant escaped.
3. It is pertinent to mention over here that initially section 17 of Offence of against Property (Enforcement of Hadood)Ordinance VII of 1979 was also inserted but subsequently during the course of investigation the same was deleted.
4. The petitioner applied for pre-arrest bail. The learned Additional Sessions Judge, Narowal vide his order dated 15-2-1989 refused to confirm their pre-arrest bail earlier granted to them. The learned counsel for the petitioner has argued that the petitioner has only been attributed ineffective firing and the other co-accused who were similarly placed have already been granted pre-arrest bail by the learned Trial Judge while the concession of bail earlier granted to the petitioner on 7-8-1988 has been declined on 15-2-1989 without any justification. He has further stated that earlier to this one of the co-accused namely Abdul Sattar got registered a case No.48 u/s 307/148/149 PPC at police station NoorKot on 13.5.1988 and in that case the other side has also been granted the concession of bail. He has further stated that the case has been registered in a malafide manner as a counter blast to the case registered against the complainant. Keeping this4act that the other side has also been granted bail and the petitioner has only been attributed ineffective firing. I confirm the ad-interim bail already granted to the petitioner vide thijs Court's order dated 5-3- 1989.