' SARDAR SAID MUHAMMAD KHAN, C.J.---This appeal has be directed against the order of the Shariat Court dated 26-3-1997, whereby tl revision petition filed by the appellant, herein, was rejected.
2. It is not necessary to dilate upon the facts of the case. Suffice it to say that a case was registered against Mst. Zooni and others under sections 302, 109 and 34, A.P.C. Read with section 5 of the Islamic Penal Laws Act. Some of the accused-respondents were released on bail by the District Criminal Court while some others by the Shariat Court; Mst. Zooni, respondent, was released on bail by this Court.
3. A private complaint was filed by the complainant in the District Criminal Court which, after recording preliminary evidence, issued summons against the accused-respondents. The grouse of the appellant is that the District Criminal Court should have issued warrants against the respondents and not summons because the offence committed was a warrant case as defined under the provisions of Code of Criminal Procedure. The learned counsel for the appellant has also argued that the accused-respondents who were summoned were illegally released on bail by the trial Court and the Shariat Court.
4. We have given our due consideration to the matter. The bare reading of section 204, Cr.P.C.
Would reveal that the trial Court had discretion to issue either warrants or summons in a case which falls within the ambit 01 warrant case. Thus, the exercise of discretion cannot be interfered with, especially so when it is not shown that the same is perverse or offends against the well- settled principles of law.
5. So far as the question of releasing the accused-respondents on bail is concerned, that could be challenged only through appropriate means and at proper stage; the bail order cannot be interfered with the present proceedings. The appellant, if so advised, may seek the remedy in respect of, the bail of the respondents in proper forum through appropriate means.
' Hence the appeal is hereby dismissed as having no force in it.