Case Details

Citation(s)
1985 SLG 635 1985 SLD 635 1985 SCMR 929
Supreme Court of Pakistan
Criminal Petition for Special Leave to Appeal No. 50 of 1978, decision dated: 18-04-1978 (On appeal from the order dated 22-1-1978, passed by the Lahore High Court in Cr.Misc. No. 4719-B of 1977)
WAHEEDUDDIN AHMAD AND NASIM HASAN SHAH, JJ

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AHMAD and others

VS

THE STATE

Law:

Section:

Constitution of Pakistan (1973)---Art.185(3)--Criminal Procedure Code (V of 1898), 5.497--Bail in murder case--Report of Inspector Police containing no clear cut finding of innocence but in subsequent report made by Crimes Branch petitioners found to be guilty--Leave to appeal refused--Trial Court, however, directed to expedite disposal of case which had been considerably delayed. ORDER NASIM HASAN SHAH, J.--The petitioners, by this petition, seek special leave to appeal from the order dated 22-1-1978, passed by a learned Judge of the Lahore High Court, by which their bail application (Cr. Misc. No.4719-B of 1977) was dismissed. The relevant facts are that a case under sections 302/149 and 148, C.P.C. was registered at Police Station Manawala, District Sheikhupura, on 21-7-1976, at the instance of one Allah Ditta, against the petitioners and seven others, for having murdered Sahib Khan and Mukhtar alias Mokha. The allegations are that on 21-7-1976 at noon time the petitioners, allegedly armed with gun and spear (Ahmed petitioner was armed with a gun while Bhara petitioner was having a spear) alongwith their co-accused, who were variously armed, way-laid the complaint and the deceased persons, namely, Sahib Khan and Mukthar alias Mokha, and killed the deceased persons. According to the F.I.R. Ahmed petitioner fired his gun hitting Mokha deceased on his arm; whereas Bhara petitioner inflicted a spear blow on the chest of Sahib deceased. The motive alleged was that 14/15 years prior to the occurrence a brother of Mokha co-accused was murdered by sahib Khan deceased, his brother Pehalwan and some other persons, but they were acquitted. Again, about 11 months prior to the occurrence Amir son of Thairaj was murdered and a case was registered against Yara, nephew of Sahib Khan deceased, and others, but they were declared innocent by the Police. It is…
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