Law: Penal Code (XLV of 1860)

Section: 302, 34

Law: Criminal Procedure Code (V of 1898)

Section: 497(5), 498

(a) Penal Code (XLV of 1860) S. 302/34-Murder-Evi dence-Question of culpability of accused-Cannon be left to be decided by police on basis of statements made to police during investigation-Plea of alibi raised by accused-To be examined by Court-Prosecution to proceed on basis of evidence relied at initial stages unless unimpeachable documentary evidence discredits prosecution witnesses or case inherently improbable. (b) Criminal Procedure Code (V of 1898) S. 497(5)-Bail, cancellation of-[Murder case]-Eye-witnesses consistently naming accused as person who held and used pistol during occurrence Such eye-witnesses named in F. I. R. and their testimony remaining un-rebutted-Case, held, afforded reasonable ground for believing accused guilty of offence punishable with death or trans portation-Bail granted earlier cancelled. (c) Criminal Procedure Code (V of 1898) S. 498---Bail- [Murder case]-Role ascribed to accused merely one of raising of lalkaras and inciting co-accused to finish complainant party . True import of lalkaras ascertainable only after recording of evidence-Accused admitted to bail in circumstances. (d) Criminal Procedure Code (V of 1898) S. 498-Bail , Question whether reasonable ground exists to believe accused guilty of offence punishable with death or transportation-To be decided at initial stages on allegations made in F. I. R., statements of eye witnesses, and other incriminating material in hand of prosecution.   ORDER This order will disposed of Criminal Miscellaneous Nos. 6247, 6761 and 6763 of 1970. The three petitioners in these applications are Muhammad Ashiq Ghulam Hussain and Sanaullah, respectively. All of them have been named as accused persons in a double murder case. The F. I. R. shows that there is a mosque by the name of `Masjid Sahaba-i-Karam at Ravi Road, Lahore. There was a. dispute about a vacant site of land adjacent to that mosque between the management of the mosque and Sh. Muhammad Ismail and his son Ashfaq who have lost their lives in the present incident as a result of firing by Muhammad Sadiq the co-accused of the peti tioners before me. A civil suit was going on between the management of the mosque and Sh. Muhammad…