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Criminal Petition for Special Leave to Appeal No. 104 of 1968, decided on 27th June 1968.

(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 1st February 1968, in Criminal Miscellaneous No. 5810 of 1967).

S. 302 and Criminal Procedure Code (V of 1898), S. 497‑Case before committing Magistrate almost ready for final stage‑High Court refusing bail observing that accused may move lower Court for bail if evidence justified such a step‑Order, of High Court, held, unexceptional‑Special Leave to Appeal refused by Supreme Court.

Zamir Ahmad Khan, Advocate Supreme Court instructed by Mushtaq & Co., Attorneys for Petitioners.

Nemo for the State.

Date of hearing : 27th June 1968.

‑This petition for leave to appeal is directed against an order of a learned Single Judge of the High Court of West Pakistan at Lahore, refusing to grant bail to the petitioners. The petitioners along with some others are being prosecuted for the murder of Muhammad Afzal. Two of the petitioners namely, Muhammad Ashraf and Dost Muhammad were granted bail by the S. D. M. Sargodha, on the ground that they were shown in column No. 2 of the challan. When complete challan was submitted these two accused were shown in column No. 3 along with the other four accused who were in custody. In view of that during commitment proceedings that learned Magistrate cancelled their bail. The three petitioner moved the Sessions Judge and thereafter the High Court without success. It has been found by the High Court that the case before the committing Magistrate stage. The learned be more proper for the petitioners to move the said Court for bail, if the evidence in the case justifies such a step.

We do not see how exception can be taken to the order of the High Court. The petition is dismissed.

Leave refused.

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