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Criminal Miscellaneous No. 4256/B of 1974, decided on 13th November 1974.

------S. 498‑Bail, pre‑arrest‑Accused named in First Information Report ascribed active part in commission of offence‑Grant of bail at such stage, held, would deprive Police of a fair opportunity to investigate case‑Bail declined in circumstance.‑[Bail].

Kh. A. Waheed for Petitioner.

M. A. Zafar for the State.

This is an application for bail before arrest by Zulfiqar Ali son of Baoo. He is an accused alongwith four others of having formed an unlawful assembly, armed themselves with Lathis and hatchets and made an attack on Altaf Hussain, Abdul Aziz, Hussain Muhammad and Muhammad Bakhsh as a result of which Altaf Hussain died. The petitioner has been named in the F. I. R. and has also been ascribed an active part i. e. that he had given hatchet blows to Muhammad Bakhsh. It was contended on his behalf that the case against him is false and he is named as an accused so that he may not be able to defend his co‑accused. I feel that the correctness or otherwise of the allegations made against the petitioner shall be determined by the for inquiry Magistrate or the learned trial Judge, and it would not be proper me to express any opinion about the same at this stage. Considering that his name is mentioned in the F. I. R. and he has been attributed hatchet blows to Muhammad Bakhsh I feel there are reasonable grounds to believe that the petitioner is prima facie guilty of an offence punishable with death or imprisonment for life. I, therefore, think that it is not a fit case for grant of bail before arrest and would deprive the Police of a fair opportunity to investigate the case and recover the hatchet with which he is said to have attacked at the time of occurrence. The application is therefore dismissed and the interim bail is cancelled.

Petition dismissed.

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