Law:

Section:

Criminal Procedure Code (V of 1898)--S. 497(0), proviso first-Bail-School leaving certificate of accused showing accused having been above 16 years of age at time of commission of offence-Allegation levelled against accused, as long as not rebutted, making him liable to be sentenced to death or to life imprisonment-Accused case, held, not covered by proviso first to S. 4970), hence, refusal of bail not interfered with. ORDER ASLAM RIAZ HUSSAIN, J.-Khalil petitioner was accused along with his father Siddiq of an offence under section 302/34 of the Pakistan Penal Code. It is alleged that at about 1-30 'a.m. on the night between the lst and 2nd of December, 1977 the two accused went to the house of Ghulam Haider deceased who was sleeping under the Chhappar in the Verandah of the courtyard of the house, while his uncle Jamal Din and his elder brother Abdul Rashid P. Ws. were sleeping in the Baithak. Abdur Rashid and Jamal Din were awaken by the report of a fire-arm and came out of the Baithak and they saw Ghulam Haider deceased holding Khalil petitioner in a Jappha. Siddiq co-accused who was carrying a .12 bore pistol fired a shot at Ghulam Haider which hit him on the right arm. Ghulam Haider fell down and consequently died of the injuries received by him. Khalil had been granted bail by the learned Additional Sessions Judge (II), Sahiwal on the 24th of June, 1978. His brother Abdur Rashid however made…

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