' This is an application for cancellation of pre-arrest to respondent No,2 by learned Additional Sessions Judge vide his order, dated 17-12-1999.
2. Allegation against respondent No,2 is that he committed Zina with Mst. Shamim daughter of complainant and she became pregnant. Upon coming to know of this fact, sister of respondent No,2 alongwith others got the child abortioned.
3. Learned counsel for petitioner submits that respondent No,2 is named in the F.I.R., he has committed a heinous offence, there is no mala fides on the part of the complainant to falsely involve respondent No,2 and that consideration for the grant of bail before arrest and bail after arrest are totally different.
4. Learned counsel for respondent No,2 submits that F.I.R. Is pack of lies, there is delay of 3 months in lodging the F.I.R. Without any proper explanation and that the order of learned Additional Sessions Judge is neither arbitrary, nor capricious or against the record. Further submits that according to school leaving certificate, date of birth of respondent is 4-1-1982 and that case of respondent is fully covered by subsection (2) to section 497, Cr.P.C. Which requires further inquiry into guilt of the petitioner. Adds that there were no fresh marks/signs of abortion, as per M.L.R.
5. Learned counsel for the State submits that nobody would implicate any person for committing the Zina with her.
6. I have heard learned counsel for parties. No mala fides or ulterior motive has been alleged against the petitioner. Zina was committed with the petitioner. Medical examination of petitioner was conducted on 24-11-1999 when the abortion was carried out on 13-10-1999. Considerations for the grant of bail before arrest and bail after arrest are totally different. It was not a case for bail before arrest. So, this petition is accepted and the order, dated 17-12-1999 passed by learned Additional Sessions Judge, Narowal are set aside and to respondent No,2 is cancelled. Any observation made in this order will not prejudice the case of either party in any future proceedings.