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SURKHRU versus STATE


The accused in the 498 bail named in the FIR designated person, who fired a gun at the accused High Court, refused to allow the bail as a Penal Code (XLV of 1860), Section 302.

1970 S C M R 660

Present : Sajjad Ahmad and Wahiduddin Ahmad, JJ

SURKHRU‑Petitioner

versus

THE STATE‑Respondent

Petition for Special Leave to Appeal No. 49 of 1970, decided on 20th April 1970.

(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 13th February 1970, in Criminal Miscellaneous No. 917 of 1970).

Criminal Procedure Code (V of 1898), -------

------S. 498‑Bail‑Accused named in F. I. R. as person who fired gun at deceased‑High Court, held, rightly refused to allow bail Penal Code (XLV of 1860), S.302.

Masood Akhtar, Advocate‑on‑Record Supreme Court for Petitioner.

Nemo for the State.

Date of hearing : 20th April 1970.

JUDGMENT

SAJJAD AHMAD, J.

The petitioner is facing a murder charge along with some other accused persons. As stated in the High Court's order, the F. I. R. mentions that it was the petition who had fired his gun at Ghulam Hussain deceased, killing him on the spot. In this view of the matter, the High Court has rightly refused to allow bail to the petitioner and we see no valid ground to interfere.

The petition is dismissed.

Leave refused.

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