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Petition for Special Leave to Appeal No. 7‑R of 1975, decided on 14th March 1975.
(On appeal from the order of the Lahore High Court, dated the 27th of January 1975, in Criminal Miscellaneous No. 162‑B of 1975).
‑‑ Ss. 497 & 498‑Bail‑Mere existence of counter version of case as indicated in F. 1. R. lodged by one of accused‑Does not affect discretion exercised by High Court on basis of materials on record Discretion exercised by lower Court based on sound judicial' principles and not otherwise faulty, leave to appeal refused‑Penal Code (XLV of 1860), S. 307/149.
Zafar Mahmood. Advocate Supreme Court instructed by Rana Maqbool Ahmed Qadri, Advocate‑on‑Record for Petitioners.
Rlaz Ahmad, Additional Advocate‑General Punjab instructed by Ijaz Ali., Advocate‑on‑Record for the State.
Date of hearing : 14th March 1975.
The petitioners have been aggrieved by,‑;he order of a learned Single Judge of the Lahore High Court refusing to grant bail to them in ‑a case registered against them under sections 148, 325, 307/149 of the Pakistan Penal Code on the 12th of October, 1974.
The allegations against the petitioners are that they fired at and Injured complainant Azizur Rahman with pistol shots. The complainant sustained three fire‑arm injuries.
The discretion exercised by the learned Single Judge is based on sound, judicial principle, and no fault can be found with it.
Merely because there was a counter version of the occurrence in the first information report lodged by one of the accused, Mohammad Afzal, does not in our opinion affect the discretion exercised by the learned Judge on the basis of the materials on record of the present case.
We accordingly dismiss the petition.
Petition dismissed
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