Law:

Section:

Criminal, Procedure Code (V of 1898)-------S.497---Penal Code (XLV of 1860), 5.302/34---Constitution of Pakistan (1973), Art.185(3)---Bail, refusal of---Accused had been specifically nominated in the F.I.R. with a specific role of raising "Lalkara" to facilitate the principal accused to commit the murder of the deceased---Prior to the present occurrence a criminal case was got registered against the accused at the instance of the deceased wherein he and his daughter had to appear as witnesses---In such background it could not be assured at this stage that the "Lalkara" raised by the accused was proverbial---Accused, prima facie, was not entitled to bail---Leave to appeal was refused to accused accordingly.Ch. Muhammad Arshad Ramay, Advocate Supreme Court and C.M. Latif Ramay, Advocate-on-Record for Petitioner.Hasnat Ahmed, Advocate Supreme Court, Faiz-ur-Rehman, Advocate-on-Record and Ms. Yasmin Sehgal, Addl. A.G. Punjab for the State. Date of hearing: 31st October, 2003. ORDER SH. RIAZ AHMAD, CI--- Leave to appeal is sought against the order, dated 16-9-2002 whereby the bail application preferred on behalf of the petitioner seeking post-arrest bail in case F.I.R. No.90, dated 26-1-2002 registered with Police Station, Sadar Faisalabad on charges under sections 302/34, Pakistan Penal Code was dismissed. (2). In support of this petition for leave to appeal, the learned counsel for the petitioner contends that the petitioner has been attributed only the proverbial Lalkara, and therefore, he is entitled to the grant of bail. The contention is devoid of force, because the facts of the case disclose that on the fateful day of complainant along with Allah Ditta, Muhammad Anwar alias Anari, Muhammad Iqbal and Muhammad Ajmal armed with .30 bore pistols were sitting…

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