1. Respondents Nos. 2, 3 and 4 have been granted pre-arrest bail in a case under sections 337- F(i)/341/504/506(ii), P.P.C. By the Court of learned Sessions Judge, Karachi (South) by its order dated 17-7-2003 with the following observations:- "It appears that there is civil litigation between the parties. Investigating Officer states that the accused persons have cooperated in the investigation and their statement have been recorded.
2. No further investigation is required. In my humble view no purpose would he served if the applicants are sent to jail as they are otherwise entitled for bail. I, therefore, confirm the interim bail before arrest earlier granted to the accused on same terms and conditions. Investigating Officer is directed to submit the challan report as required under section 173, Cr.P.C. Within time as investigation is already complete.
3. Mr. Kh. Naveed Ahmed, Advocate for the applicant/complainant admits that the respondents would be entitled to post arrest bail tomorrow, if they are sent to jail today. He also admits that the offences are punishable between one month and seven years imprisonment. Learned counsel for the State and the learned counsel for respondents have submitted that challan has been submitted in the Court of the Magistrate and the Respondents are regularly attending the trial Court. There is no concept of punishment in law without a finding of guilty. I think the Rule laid down in 1986 SCM R 1380 (Muhammad Ramzan v. Zafarullah and another) would be fully applicable. The Respondents seem to be entitled to such benefit in the circumstances of the case. In view of the above, Bail Cancellation Application No,110 of 2003 is dismissed.
4. For the reasons as aforesaid above bail application was dismissed by a short order during Court time today.