SARDAR MUHAMMAD DOGAR, J.- Petitioners seek anticipatory bail in the case registered against them under Sections 307/148/149 PPC at Police Station Kotwali, Sialkot city on 5-9-88 on the statement of Muhammad Munir.
2. The petitioners had earlier moved the Court of Sessions for grant of anticipatory bail which was dismissed by learned Sesssion Judge on 7.9.88 on account of non-appearance of the petitioners at the time the case was called.
3. The contention of learned counsel for the petitioners that the case was firstly marked by the Sessions Judge to Mr.Tassawar Hussain Qureshi, Additional Sessions Judge-I, is borne out from certified copy of the application submitted to the Session Judge on behalf of the petitioners. It seems that after passing the order of transfer of application to Mr.Tassawar Hussain Qureshi, Addl.
Sessions Judge, learned Sessions Judge decided to hear the same himself, In these circumstances, the stance taken by the petitioners and their counsel that absence of the petitioners was due to the fact that they had gone to attend the Court of Mr. Tassawar Hussain Qureshi, A.S.J. And remained there till the close of day, possesses weight. The absence of the petitioners at the time of call of case by the Sessions Judge, therefore, seems to be for genuine reasons.
In the circumstances, the earlier petition disposed of by learned Sessions Judge cannot be deemed to have been disposed of on merits nor on account of any lapses on part of the petitioners. They may, therefore, move the Court of Sessions again, if so advised. However, in order to afford them security they are being admitted to interim pre-arrest bail till 21st September, 1988, if they furnish bail bonds in the sum of Rs. Ten thousand each with one surety each in the like amount to the satisfaction of the Assistant Commissioner, Sialkot. Copy dasti on payment of usual charges.
This petition stands disposed of.