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Petition for Special Leave to Appeal No. 98‑R of 1975, derided on 22nd December 1975.

(On appeal from an order of the Lahore High Court made on the 22^nd September 1975, in Criminal Miscellaneous No. 3610-B of 1975.

‑‑ Art. 187 read with Criminal Procedure Code (V of 10987, S. 498 Bail, cancellation of High Court, in view of facts stated is F. I. R. exercising its discretion correctly in allowing bail to respondent--No compelling reason existing to interfere with such finding‑‑‑Petition dismissed.

Riaz Anwar, Advocate and Rana Maqbool Ahmad Qadri Advocate-on-record for Petitioner.

Record for Petitioner.

Date of hearing : 22nd December 1975.

The petitioner is aggrieved by an order made by a learned Judge of the Lahore High Court on 22‑9‑ 1975, whereby he allowed bail to the respondent, Akbar Khan, in, a murder case, mainly on the ground that it was admitted Oat the respondent has not used his rifle during the incident, and that out of nineteen witnesses; cited in the calendar only ten had been examined so far in tux inquiry proceedings, and the same were likely to take quite a long time.

Learned counsel submits that although it was scatted in the F. I. R. that: the respondent did not fire with his rifle, yet he was consistently named as being present throughout the incident, thus sharing common intention with the other accused persons who caused the death of Allah Ditta deceased. It is neat submitted that out of seventeen witnesses, eleven have already been examined in the inquiry proceedings and therefore, it was not g, fit case for allowing bail on account of delay.

In view of the facts stated in the F. I. R. the learned Judge in the High Court appears to have exercised his discretion correctly and we see no compelling reason to interfere with the same. We would accordingly dismiss this Petition

Petition dismissed.

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