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Constitution of Pakistan (1973)-----Art. 185 (3)--Criminal Procedure Code (V of 1898), Ss. 497 & 498­--Penal Code (XLV of 1860), S. 302/148--Murder--Bail--Deceased having an affair with accused-appellant's wife--Body of deceased found in house of appellant and report of his death recorded more than thirteen hours after occurrence--Important aspects of case overlooked, by High Court in refusing bail--Accused-appellants allowed bail. M.Perwaiz Akhtar, Advocate Supreme Court instructed by S. Wajid Hussain, Advocate-on-Record for Petitioner. M. Asif Jan, Assistant Advocate-General (Punjab) for the State. Date of hearing: 29th January, 1976. ORDER MUHAMMAD GUL, J.--During arguments we decided to convert this petition into appeal and to dispose it of as such. The three appellants herein alongwith two others are accused in a case under section 302/148 read with section 149, P.P.C. They have since been committed to the Sessions to stand trial for the said offences, The other two accused namely, Abdullah and Sharif have been allowed bail by the High Court vide order. dated 5th November, 1972. However, by the same order the High Court has refused bail to three appellants herein, who now seek leave to appeal. The deceased in this case is Ali son of Jewan Langrial, a resident of Chak No. 572/E.B, P. S. Vehari. On the night between the 15th and 16th September, 1974 he was murdered in the house of appellant No.) situated in Bangla Fazil in Mauza Faiz Wah in the area of P.S. Luddan. The other two appellants are his sons; so also the other two accused who have been allowed bail by the High Court. It appears that the appellant No. 1 himself lodged the report at P.S. Luddan on 16th September, 1974 at about. 12-30 p.m. alleging that Ali (deceased) had earlier abducted his wife. Mst. Fateh Mai whom he recovered and brought back to his house through the intervention of the Baradari. However, on the night between the 15th and 16th September, 1974 as he and his four sons were asleep at about 2-00 a.m. he found that Mst. Fateh Mai has disappeared from her cot. He and his sons during the search found that she was busy in love-making with her paramour . Ali near fodder-cutting…

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