' This is an application for the cancellation of bail granted to Mst. Maqsood Mai respondent by Additional Sessions Judge, Bahawalpur, vide order, dated 17-10-1988 in a case under section 302/307/148/149/452/109, P.P.C. Registered at Police Station City Ahmadpur East, vide F.I.R. No, 251/88, dated 27-8-1988.
2. The prosecution case is that at the instigation of Mst. Maqsood Mai respondent, her brothers Mumtaz, Ghulam Fareed, Abdul Malik and uncle Muhammad Ramzan and 5 others committed house trespass after having made preparation of hurt and caused the death of Muhammad Ramzan and injuries to Gul Muhammad P.W.
3. Learned counsel for the petitioner submitted that Maqsood Mai being real cause of trouble and having instigated the co-accused to do away with the deceased, was not entitled to the concession of pre-arrest bail. Learned counsel for the respondent has supported the order of the learned Additional Sessions Judge.
4. I have considered the submissions made by the learned counsel for the parties with care. I do not feel persuaded to agree with the learned counsel for the petitioner. I find that there is no evidence of Mst. Maqsood Mai having instigated his brothers and others to kill the deceased; that she was not present on the spot and had not physically participated in the occurrence; that she being a woman, her case falls within proviso to section 497, Cr.P.C. And that the trial Court has exercised its discretion and given sound and cogent reasons in support of its order granting pre- arrest bail to the respondent. It is well-settled that once bail after arrest/pre-arrest is granted by a Court of competent jurisdiction then strong grounds would be required for interference with the same, which I do not see in the case in hand.