' This is an application for cancellation of to respondents Nos.2 and 3 by the learned Additional Sessions Judge, Sialkot vide his order dated 13-12-2001.
2. Learned counsel for the petitioner submits that respondents Nos.2 and 3 are named in the F.I.R., specific roles were attributed to them, that their application for bail before arrest not only by this Court but also by the same learned Additional Sessions Judge was dismissed on merits, that respondents are threatening the prosecution witnesses, that challan has been submitted in the Court.
3. I have heard learned counsel for the petitioner. In the instant case, it is correct that application for bail before arrest of the respondents was dismissed by this Court vide order, dated 22-10-2001 in Criminal Miscellaneous No,5708/B of 2001. It is settled law, that considerations for the grant of bail before arrest and after arrest are totally different. I have gone through the impugned order dated 13-12-2001. In the instant case, three considerations were available before the learned Additional Sessions Judge while granting bail to the present respondents which is as under:--
(1) Present respondents were found innocent and were placed in Column No,2 of the challan.
(2) No crime-empty was taken into possession from the spot.
(3) No recovery of any fire-arm was affected from the present respondents.
' I am in full agreement with the order of learned Additional Sessions Judge, Sialkot. Moreover, considerations for the grant of bail before arrest and' after arrest are totally different. It is a settled law, that this Court does not interfere in the discretionary order passed by the learned Additional Sessions Judge unless the same is arbitrary, capricious and against the record which is not present in the instant case. No ground for interference is made out, therefore, this petition is dismissed in limine.
Petitiqn dismissed.