Law:

Section:

Constitution of Pakistan (1973)--Art.185(3)--Criminal Procedure Code (V of 1898), S.497--Penal Code (XLV of. 1860), S.302/34--Bail--High Court found to have exercised discretion vested in it properly and not to have rejected application of petitioners for bail on capricious or arbitrary grounds--Bail refused. ORDER WAHEEDUDDIN AHMAD, J.--A case was registered against the petitioners alongwith Asghar Ali, Muhammad Hanif and Muhammad Younas, under F.I.R. No.116/249, dated 6-8-1977 by the P.S. Hujra, for offence under section 302/379/34, P.P.C. Muhammad Hanif and Muhammad Younas have been granted bail by the Additional Sessions Judge, Sahiwal on 10-9-1977. The petitioners, since then, are in judicial lock-up. The prosecution case is that the deceased Muhammad Sharif was present near the Primary School and waiting for the preparation for his and his companions votes. It is alleged that both the petitioners, while armed with a revolver, came alongwith Asghar Ali who was carrying a rifle. The deceased, on seeing the accused party, started running away. According to the F.I.R., all the accused ran after him. The petitioners also ran after the deceased while firing at him. They caught hold of him, and grappled with the deceased. Thereupon, accused Asghar Ali fired at the deceased whereby he died. The petitioners moved…

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