Law:

Section:

Criminal Procedure Code (V of 1898)--S. 497---Penal Code (XLV of 1860), 5.302/34/109---Constitution of Pakistan (1973), Art.185(3)---Bail---Occurrence had taken place in broad daylight which was alleged to have been seen by competent witnesses---High Court had rightly exercised its discretion in cancelling bail allowed to accused by Sessions Court and its order being proper did not call for interference---Leave to appeal was refused accordingly. Abdul Aziz Qureshi, Advocate Supreme Court with Ch. Mehdi Khan Mehtab, Advocate-on-Record (absent) for Petitioner. Dil Muhammad Tarir, Advocate Supreme Court for the State. Date of hearing: 12th February, 1997. ORDER RAJA AFRASIAB KHAN, J.---On 15th of January 1996 at 5-00 p.m., a case under section 302/34/109 P.P.C. was registered on the statement of Sultan Ahmad with Police Station Wanbhachran, District Mianwali against Rafi Ullah, Muhammad Zaman and Shaft Ullah for the murder of Muhammad Ashraf. A learned Additional Sessions Judge, Mianwali vide his order dated 7-3-1996 accepted the bail petitions of Raft Ullah and Muhammad Zaman observing:-- "Although the fatal shot is attributed to Rafi Ullah but during the investigation it has been found that the shot was fired by his brother co-accused Shafi Ullah and not Raft Ullah petitioner and both these petitioners have been found innocent during three successive police investigations as mentioned above. Therefore, it cannot be said that reasonable ground exist to believe that the petitioners committed this occurrence. A case of further enquiry into their guilt is made out. Muhammad Zaman is father of the accused persons who was not present at the scene of occurrence. His involvement due to the mala fide of the complainant cannot be ruled out. In these circumstances, both the petitions are accepted. So far as Rafi Ullah petitioner is concerned he is directed to be released in after arrest bail petition and so far as Muhammad Zaman is concerned interim bail already allowed to him is hereby confirmed provided each of them furnishing bail bonds in the sum of Rs.1,00,000 (one lac) each with one surety and a bond each of the like amount to the…

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