Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- S. 497(2)BailConsideration of effect of plea of alibi for purposes of bailPermissibleDecision reported as P L D 1974 S C 83­Does not spell out an absolute bar in matter. Iqbalur Rahman v. The State P L D 1974 S C 83 ref. (b) Criminal Procedure Code (V of 1898) S. 497(2)BailAlibi, plea ofAffidavits of as many as 24 members of Provincial Assembly implying impossibility of accused 's presence at scene of occurrence at given timeAccused's plea, in circumstances, held, would require consideration at proper time and case one requiring further inquiry under S. 497(2)--High Court's order admitting accused to bail not interfered with in peculiar circumstances of case-Petitioner, however, could renew application for cancellation of bail when evidence implicating accused brought on record. ORDER ANWARUL HAQ, J. The -Petitioner is aggrieved by an order made by a learned single Judge of the Lahore High Court on 8111974 allowing bail before arrest to the -Respondent, Ch. Mohammad Anwar Samma, M. P. A., in a case registered against him and several others under sections 148, 302 and 436 of the Pakistan Penal Code read with section 149 thereof, in connection with the murder of the -Respondent's cousin a gt; gt;d brotherinlaw Nabi Ahmad on the 21st of October 1974 Before the learned Judge affidavits of as many as twentyfour members of the provincial Assembly were filed to the effect that the -Petitioner attended the entire session of the Provincial Assembly at Lahore on that date from 430 p.m. to about 630 p.m. with the necessary implication that he could not have been present at the place of occurrence situated within the jurisdiction of Police Station, Sadar, Gujrat. The learned Judge took the view that although the truth or otherwise of the plea of alibi had to be ascertained at the enquiry or trial, yet it could not be lightly brushed aside for the purposes of bail. Leave to appeal is sought on the ground that the -Respondent having been mentioned in the first information report and a specific part having…

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