Law:

Section:

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 tentative appraisal of all the relevant facts had reached the conclusion that the case of accused was that of further inquiry on account of apparent "change of record" and unexplained absconsion of the eye-witnesses---Discretion exercised by High Court in allowing bail to the accused was not fanciful or arbitrary and did not call for any interference---Leave to appeal was declined to complainant by Supreme Court accordingly. Mian Muhammad Akram Ranjha, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioner. A.H. Masood, Advocate Supreme Court and Rana Muhammad Arshad Khan, Advocate Supreme Court for Respondents. Date of hearing: 23rd September, 1999. JUDGMENT IRSHAD HASAN KHAN, J.---This petition for leave to appeal is directed against the judgment dated 3-5-1999, passed by Lahore High Court, Lahore in Criminal Miscellaneous 2157-B/1999. 2. Prosecution story, in brief, is that on 26-6-1998 at 6-00 p.m. the complainant/petitioner herein was present with his brother-in-law Muhammad Munir deceased at his house in village Loran when they heard a noise from outside that Iftikhar Ahmed, respondent herein and Shahbaz Ahmed co-accused had arrived in the street to kill Muhammad Nasir and Qaiser. The complainant alongwith Muhammad Munir came out of the house and saw Iftikhar Ahmed and Shahbaz Ahmed co-accused armed with 7 MM rifle and .30 bore pistol respectively, were fighting with Qaiser and Nasir. Munir prevented them from doing so whereupon Shahbaz said to Iftikhar that let Munir be thought a lesson to support his nephews. Iftikhar Ahmed fired a straight shot from his rifle 7MM, which hit on the right side of the chest of Munir, who succumbed to the injuries at the spot. The occurrence was also witnessed by Muhammad Sarwar and Muhammad Arshad P.Ws., who were attracted to the place of incident on hearing the fire reports. 3. Application of Iftikhar Ahmed respondent for grant of post-arrest bail, was declined by the learned Additional Sessions Judge, Gujrat vide order…

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