Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Pakistan Penal Code, 1860

Section: 302/34

Law: Criminal Procedure Code (V of 1898)

Section: 498

Constitution of Pakistan (1973)--Art. 185(3)--Criminal Procedure Code (V of 1898), 5.498-Penal Code (XLV of 1860), S. 302/34--Bail--F.I.R. clearly alleging that second fire was made by accused (petitioner)--High Court, held, was justified in refusing bail and coming to conclusion that prima facie, common intention, as alleged, was there and S.34, P.P.C. was applicable--Leave to appeal refused. JUDGMENT HAMOODUR RAHMAN, C.J.-- This is a petition for special leave to appeal from an order of a learned Single Judge of the Lahore High Court dismissing a petition for pre-arrest bail in limine. The petitioner and two others, Ghulam Mustafa and Ghulam Rasul are accused in a case under section 302/34, P.P.C. registered at Police Station, Bhara Khan, on the 4th March, 1974. The petitioner and Ghulam Rasul were arrested on 10th March, 1974, and Ghulam Mustafa was arrested on the 15th of April, 1974. Two separate bail applications were filed before the learned Sessions Judge, Rawalpindi, one by the petitioner and the other by Ghulam Mustafa. The latter was granted bail as his plea of alibi supported by a certificate produced from the Commanding Officer of his Unit, in which he was Lance Naik, prima facie, showed that he was present on duty in the Camp on the day of occurrence. The petitioner's application was, however, rejected, even though in the F . I . R . only a Lalkara…

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