Law:

Section:

Constitution of Pakistan (1973)-----Art. 185(3)--Penal Code (XLV of 1860), S. 302/148/149--Criminal Procedure Code (V of 1898), Ss. 497 & 498--Murder--Bail--Accused­respondents named as among assailants, of deceased--Report of Investi­gating Officer based upon statements of certain witnesses weighing with High Court in granting bail to accused-respondents--High Court observing that it created doubt as to respondents, being concerned in transaction which required further enquiry---Matter being discretion impugned order cannot be said to be arbitrary or capricious as to lay a foundation for interference--No prosecution witness examined although 11 months having gone by since submission of challan--Leave to appeal against grant of bail refused. Raja Mahmood Akhtar, Advocate Supreme Court instructed by Sh. Abdul Karim, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 22nd January, 1976. ORDER MUHAMMAD GUL, J.-- The first three respondents herein alongwith two others are accused in a case under section 302/148/149, P.P.C. on the basis of F.1.R. lodged et 5-15 p.m. at P.S. Piarianwali, Tehsil Phalia District Gujrat as a sequal to an incident in village Sangpal, at a distance of 6 miles from the P.S. in the course of which Ali Muhammad was killed. On an application moved by the three respondents, they were released on bail by the High Court vide order, dated 2nd October, 1975 on the ground that the Investigating officer on the basis of the statements made during the investigation by certain employees of the Forest Department, were reported to be innocent and it was recommended that they be showed in column No.2 of the challan. The recommendation was however, not supported by the prosecution agency and the respon­dents were shown accused in column No. 3 alongwith the other two accused who according to learned counsel have been refused bail. The petitioner who is complainant in the case seeks leave…

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