Law:

Section:

Penal Code (XLV of 1360)---- --- S. 302BallFight over possession of land between two parties R and J resulting in one person being killed on each sideCross F. I. Rs. lodged by R and J and two sets of accused namedPolice in course of investigation exonerating all save one accused mentioned in F. I. R. lodged by R--R being dissatisfied lodging private complaint with result that a third set of accused also proceeded againstAll three sets of accused committed to stand trial in respect of same occurrenceWhile granting Leave to Appeal interim bail granted by Supreme Court and same confirmed sub­sequently in view of fact that interim bail granted was not abused, despite fact that accused had already been committed to stand trial. JUDGMENT MUHAMMAD AFZAL CHEEMA, J. This appeal by special leave arose out of the order of a learned Single Judge of the Lahore High Court, dated 981971, by which bail was refused to the appellants in a case of murder. Leave was granted by this Court to consider the question whether in the facts and circumstances of the case, the learned Single Judge had correctly followed the principles as enunciated by this Court from time to time in declining bail to the appellants. 2. The circumstances of the case are rather peculiar. On the morning of 111971, a right took place in village Khair Snah hither, Police Station, Minchinabad, District Bahawalnagar between two parties over possession of land. Both sides lost one man each ; Yasin was killed on the side of the appellants while Jan Muhammad on the other side. Two cross cases were registered. In the course of investigation, the Police exonerated the entire set of accused mentioned in the F. I. R. lodged by Rashid complainant except Manzoor who is not an appellant before us and instead substituted the five appellants who were sent up to face inquiry.…

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