Law:

Section:

(a) Criminal Procedure Code (V of 1898)--­ ----S. 497/498---Penal Code (XLV of 1860), S.302/34---Bail---Plea of alibi--­Plea of alibi raised in a bail matter may not be outrightly rejected and can be gone into for the purpose of grant or refusal of bail. ---[Alibi]. Muhammad Yaqub v. Iltafur Rahman and another PLD 1974 SC 83; Muhammad Fiaz v. The State PLD 1993 Pesh. 173 and Bahadur v. Muhammad Latif and others 1987 SCMR 788 ref. (b) Criminal Procedure Code (V of 1898)--S. 497(5)---Penal Code (XLV of 1860), S.302/34---Constitution of Pakistan (1973), Art.185(3)---Cancellation of bail---High Court, after having itself examined the Passport, P.I.A. Tickets and other documents produced on behalf of two accused had reached the conclusion that the plea of alibi taken by them was not only, prima facie, supported by the documents available on the record but was augmented by the report of ASDPO---Involvement of other two accused in the case was held by High Court to require further inquiry after having considered the role attributed to them in the F.I.R., and the plea of alibi of their co-accused---High Court, thus, had not acted unreasonably or, perversely in declining the cancellation of bail to the two accused respondents and granting bail to the two other accused respondents---Leave to appeal was refused in circumstances. Muhammad Yaqub v. Iltafur Rahman and another PLD 1974 SC 83; Muhammad Fiaz v. The State PLD 1993 Pesh. 173; Bahadur v. Muhammad Latif and others 1987 SCMR 788 and Said Akbar and another v. Gul Akbar and another 1996 SCMR 931 ref. Jehanzeb Rahim, Advocate Supreme Court instructed by Abdul Hamid Qureshi, Advocate-on-Record (absent) for Petitioner (in both C.Ps.) Qazi Muhammad Anwar Senior Advocate Supreme Court instructed by Mian M. Ismail Qureshi, Advocate-on-Record (absent) for Respondents Nos. l and 2 (in both C.Ps.). Date of hearing: 2nd July, 1997. JUDGMENT MUHAMMAD BASHIR KHAN JEHANGIRI, J.---This order will dispose of Criminal Petitions Nos. 11-P and 12-P of 1997, which have arisen out of the same incident. 2. At 3-10 p.m. on 19-10-1996 and F.I.R. was registered at Police Station, Chamkani, Tehsil and District Peshawar, on the basis of…

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