Law:

Section:

Criminal Procedure Code (V of 1898), S: 426-Bail, pending appeal - Appellant convicted under S. 302/149, P. P. C-Charge of abetment against him made by prosecution witnesses before police, one and a half months after occurrence and this fact not denied by prosecution - Appellant not related to other convicts nor shown to have any apparent motive to participate in crime-Es facie, on facts, appellant, held, entitled to relief of bail. JUDGMENT SAJJAD AHMAD, J.- Elahi BakhsH, appellant herein, is one of the six persons, who were convicted by the Sessions Judge, Sahiwal, for having committed five murders of members of the same family in Pakpattan on the night between the 18th and 19th of June 1966. The appellant's Appeal No. 658 of 1971/Murder Re­ference No. 198 of 1971 is pending in the Lahore High Court. An application on behalf of the appellant was moved in the High Court under section 426, Cr. P. C., which has been dismissed, leading to a petition to this Court for Special Leave to Appeal. The appellant was found guilty by the learned Sessions Judge for abetment of the aforesaid murders under sec­tion 302/149, P. P. C. for which he has been sentenced to transportation for life. It was argued by the learned counsel for the appellant that the charge of abetment against…

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