Law:

Section:

Constitution of Pakistan (1973--Art. 185 (3)-Penal Code (XLV of 1860), S. 302/307/148/149­Criminal Procedure Code (V of 1898), S. 497/498-Bail-Police not expressing any opinion that accused were innocent-Supreme Court at leave granting stage cannot form definite opinion on question of plea of alibi of accused-Names of accused persons appearing in F. I. R.-Accused at time of occurrence armed with gun and rifle ­Part attributed to accused showing that prima facie they participated in crime-Bail refused by Supreme Court in circumstances. M. B. Zaman, Senior. Advocate Supreme Court, At. Bashir Zafar, Advocate Supreme Court, A. Karim, Advocate-on-Record and M. Aslam Chattha, Advocate-on-Record for Petitioners. Kh. M. Afzal, Addl. A.G. (Punjab), Ejaz Ali, Ghulam Murtaza Khan, Advocate Supreme Court and Wali Muhammad Kh., Advocate-on­-Record for the State. Date of hearing: 30th April, 1978. ORDER WAHEEDUDDIN AHMAD, J.-This order will govern Criminal Petitions for Special Leave to Appeal No. 97/78 and No. 110/78, as they arise from the same occurrence. A case was registered under section 302/307/148/149, P. P. C. against the petitioners in the above cases for the murder of one Muhammad Ishaq at P. S. Ferozewala, District Sheikhupura on 28-9-1977 at the instance .of one Muhammad Ashiq son of Chiragh Din, caste Rajput, resident of Mauza Sheediwal, Tehsil Ferozewala, District Sheikhupura. The prosecution case is that the petitioners in the above cases, while armed with gun and rifle respectively, alongwith other co-accused waylaid the complainant and his companions. On the Lalkara of co-accused Khushi Muhammad Chhura and Niaz, another co-accused Shah Muhammad fired a rifle shot which hit Muhammad Ishaq deceased on his chest, who fell down and died there. The complainant and his companions were empty-handed. They hid themselves behind the 'Sarkanda' bushes and on account of firing by all the accused the complainant and Muzaffar P. W. received simple injuries on the legs below the knees. The petitioners filed bail application before the Additional Sessions Judge, Sheikhupura, which was dismissed vide' order dated 2-2-1978. The matter was then taken to the Lahore High Court…

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