Law:

Section:

Criminal Procedure Code (V of 1898)-- S. 497Bail in nonbailable offencePlea of alibi raised by accused and affidavit in support sworn by 20 AdvocatesPlea, held, in circumstance, good enough to justify enlargement of accused on bail by High CourtObservation by High Court, while enlarging accused, of possibility of accused being falsely involvedRemark held, uncalled forPenal Code (XLV of 186G), S. 302. IqbalurRahman v. State P L D 1974 S C 83 and Jannat Bibi v. Sher Muhammad P L D 1968 S C 795 ref. ORDER MUHAMMAD AFZAL CHEEMA, J. Muhammad Hussain -Petitioner feels aggrieved by the order of the learned Singh Judge of the Lahore High Court, dated 2951974 whereby Criminal Misc. No. 1477/B of 1974 filed by the -Petitioner for the cancellation of bail earlier allowed to -Respondent No. 1 in a case of murder and attempted murder, by the same learned Judge vide his order dated 651974, was dismissed. 2. -Respondent No. 1 is one of the 11 accused against whom a case under sections 148, 302/307/ 149, P. P. C. was registered at Police Station, Bara Garh, District Sheikhupura on the 3rd of March, 1974 on the report of the present -Petitioner. It was alleged that the accusedpersons armed with firearms had attacked the complainant party resulting in the death of one Muhammad Yunis nephew of the -Petitioner besides injuries to five others. -Respondent No. 1 moved Criminal Misc. No. 1168/B of 1974 in the High Court for anticipatory bail. Interim bail was allowed by the learned Judge which was later confirmed. Instead of challenging that order before the Supreme Court, the -Petitioner moved an application for cancellation of bail which was listed before the same learned Judge and was dismissed. 3. A perusal of the impugned order shows that the plea of alibi raised by the -Respondent in his petition was supported by affidavits sworn by as many as 20 Advocates of the District Court and the High Court purporting to show that on the day of occurrence, -Respondent was in Lahore from 430 p.m. to 10 p.m. fifty miles away from the scene of the crime which was allegedly committed at 530 p.m. Having considered two rulings of this Court obviously proceeding on distinguishable facts,…

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