Law:

Section:

Criminal Procedure Code (V of 1898) ----S. 497/498 Bail Names of accused together with weapons allgedly used in attacking deceased and injuring prosecution witnesses mentioned in First Information Report Names of eye witnesses also mentioned in F. I. R. Injuries on person of witness showing his presence on spot and such witness duly supporting prosecution case Blood¬stained earth also recovered from place of occurrence Mere assertion of plea of alibi making no difference in matter of bail, veracity of such plea being capable of proof only by leading proper evidence at time of trial No violation of any fundamental principle of administra¬tion of justice in matter of grant of bail in a case of present kind pointed out No justification. held, to grant special leave to appeal ¬Constitution of Pakistan (1973), Art. 185 (3). ORDER KARAM ELAHEE CHAUHAN, J. The petitioners are involved in a case under section 3021307134, P. P. C. for the murder of Muhammad Amin and for causing injuries to his son Muhammad Umar. The occurrence is alleged to have taken place at about evening time in the area of Gogga Chak No. 39 on 11 11 1978 and report about it was lodged on the name day as per F. I. R. No. 13 at Police Station Pattoki at 9 15 p.m. by Allah Ditta uncle of the deceased against the petitioners and two others. The petitioners were armed with daggers and the two others who were also alleged to have taken part in the occurrence were armed with knives. Muhammad Amin died at the spot. The cause of this murder was alleged to be a pre emption suit over the purchase of 9 acres of land by one Inayat from Sajjad brother in law of complainant Allah Ditta. Immediate motive asserted was a dispute between the deceased and Muhammad Umar P. W. on one side and the present petitioners on the other inasmuch as two months earlier Muhammad Amin and Muhammad Umar wanted to pass through the aforesaid land but the accused held out threats to them. The petitioners applied for bail which was granted to them by the learned Sessions Judge on 26 6 1978. The complainant Allah Ditta filed an application being Criminal Miscellaneous No. 2876 B of 1978 for cancellation of their bail which was accepted by…

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