' This is an application for the cancellation of to Amir Shah, Sikandar Shah, and Nazar Hussain, respondents 1 to 3, in a case under section 324 of Oisas and Diyat Ordinance, 1990 and section 429, P.P.C. By the learned Additional Sessions Judge, Mianwali, vide his orders, dated 28-1-1991 and 28- 2-1991.
2. According to the prosecution, Amir Shah, Sikandar Shah and Nazar Hussain, respondents, launched murderous assault on Aitebar Shah, Mst. Margana and Lal Bahadar on 18-12-1990 in the area of Majha Ghundi of Police Station Bhangi Khel, District Mianwali. They were armed with rifles.
They raised Lalkara and opened fire on Aitebar Shah complainant. The persons present there took shelter in the room and bolted the door from inside. The respondents then fired at the door of the room. The complainant and the persons present
3. The learned counsel for the petitioner submitted that the pre-arrest bail has been allowed to the respondents without any legal and factual justification; that it was a case of prompt F.I.R. In which the names of the respondents were mentioned; that the respondents had fired at the complainant, but he luckily remained unhurt and that the respondents had not joined the investigation. The learned counsel for the respondents 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 feel declined to interfere with the order granting pre-arrest bail to the respondents for the reasons that, strangely enough, the three respondents fired shots with their rifles at the complainant but he remained unhurt and instead his sheep was hit and died. It may be very easy to concoct such like allegations but very difficult to rebut the same. The learned Additional Sessions Judge was competent to grant pre-arrest hail to the respondents. He has applied his conscious mind to the facts and circumstances of the case and has given sound and cogent reasons in support of his order. The respondents had alleged mala fides on the part of the complainant party before the learned Additional Sessions Judge.
5. Pursuant to the above discussion, I do not see any justification to cancel the to the respondents by the learned Additional Sessions Judge. The application is dismissed.
Petit ion dismissed.