1. ' The petitioner has sought cancellation of post-arrest bail of respondents Nos.1 and 2 allowed by the Additional Sessions Judge, Rawalpindi, through his order, dated 5th of November, 1992 in a case registered under section 302/324/148/149, P.P.C. Vide F.I.R. No,488 at Police Station Civil Lines, Rawalpindi.
2. ' Cancellation has been sought on the ground that the learned Additional Sessions Judge while granting the bail committed an illegality as he did not appreciate the vicarious liability of the respondents in the commission of the offence. It is further argued that the respondents were the aggressor as they alongwith their co-accused killed one person namely Altaf Hussain and injured other two. It has further been argued that the case of respondents falls within the prohibitory clause and there was no scope of further enquiry, as such the learned Additional Sessions Judge has granted bail on extranous considerations.
3. ' I have considered the contentions. It is not denied that the challan of ' this case has already been submitted. A counter-case instituted at the instance of the respondents' side wherein two persons were injured has also been challaned. I do not want to dilate upon the argument of the petitioner that the respondents' side was the aggressor as this exercise may prejudice the case of the either party. Since the challans in both these cases one from the side of the respondents and other from the side of the petitioner are already pending in the Court of competent jurisdiction, no comment towards the veracity of the same would be warranted. The trial Judge has exercised his discretion in releasing the respondents on bail on considering the nature of the injury and its locale. Furthermore, the respondents have not been attributed any injury whatsoever to the deceased and no recovery of any incriminating weapon has been effected. Accordingly, I am not persuaded to interfere in this order. Resultantly, the application is dismissed.
4. Bail not cancelled.