Law:

Section:

Penal Code (XLV of 1860)--S.302/307/149---Criminal Procedure Code (V of 1898), S.497(2)--­Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to consider whether High Court's order did not conform to the requirements of S.497(2), Cr.P.C. inasmuch as, without recording a prima facie opinion that no reasonable ground existed for believing that the accused committed a non­bailable offence, merely by observing that there was a case for further enquiry into his guilt, he could not have been enlarged on bail. Iqbal Hussain v. Abdus Sattar and another PLD 1990 SC 758 and Muhammad Sadiq v. Sadiq and others PLD 1985 SC 182 ref. JUDGMENT MUHAMMAD AFZAL LONE, J: --With regard to an occurrence which took place on 25-3-1989 at 9-30 a.m., in the area Adda Thatta Ali, District Sheikhupura, resulting in the death of two persons namely Muhammad Nawaz and Manzoor Hussain and fire-arm injuries to four others, boarding a bus standing at the Adda, a case was registered under section 302/307/149, P.P.C. against Akbar respondent herein, and 12 others, who all, according to the F.I.R. were armed with lethal weapons. Akbar accused is alleged to have inflicted an injury with .12 bore gun on the thigh of Muhammad Nawaz deceased. Bail was refused to him by…

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