Law:

Section:

Keywords: Offences, Evidence, Discretion Of The Courts, Magistrate, Satisfaction, Leave, Unlawful Assembly, Discretion, Procedure, Petition, Consideration, Proceedings, Determination, Assault, Grounds, Relief, Leave To Appeal, Information, Prosecution, Examination, Unlawful, Parties, Order, Care, Prima Facie, Provisions, Punishment, Guilty, Guidelines, High Court, Chairman, Trial Court, Notice, Orders, Judicial Power, Surety, Conditions Result: Bail granted JUDGMENT The applicants have been committed to the Court of Sessions, Larkana to stand trial for offences under section 307/149/34, P.P.C., for having committed murderous assault on Wazir P. W., and on his brother complainant Nazir (who subsequently died) after having formed themselves into an unlawful assembly armed with deadly weapons. They first attempted to secure bail from that Court, but their application was rejected, and thereafter they filed a similar application in this Court which was also dismissed on 4th July 1968 because of the observations of their Lordships of Supreme Court in the reported judgment- Muhammad Aslam v. The State P L D 1967 S C 539. 2. The applicants have now filed this application for bail mainly on the ground that in view of the latest judgment of the Supreme Court- Nadara v. Jamait Khan and another P L D 1968 S C 310. this Court was now competent to grant them bail notwithstanding the fact that they were already committed to the Court of Sessions under section 307/149/34, P. P. C. 3. I have heard Mr. Abdul Fateh Memon, the learned counsel for the applicants, and Mr. Muhammad Haleem, the learned Assistant Advocate-General for the State. In order to appreciate the contention of the learned counsel for the applicants it would be expedient briefly to recall the facts of the prosecution case: On 30th December 1967, two First Information Reports were lodged by the parties at Ratodero Police Station, Larkana ; one by applicant Ghazanfar Ali at 9-15 p. m. and the other by complainant Nazir (deceased) at 9-30 p. m. In the First Information Report lodged by complainant Nazir, it was alleged that about 8-10 p.m. on the night of incident after he closed his shop as usual he went over to…

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