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Criminal Appeal No. I of 1976 in Petition for Special Leave to Appeal No. 104‑R of 1975, decided on 9th January 1916.
(On appeal from an order of the Lahore High Court made on 27‑11‑1975 in Criminal Miscellaneous No. 5101‑B of 1975).
‑‑ S. 497/498‑Bail‑Petitioner‑appellant neither named as an actual assailant nor as a conspirator in first information report although such report in sufficient detail‑Appellant, held, entitled to bail in circumstances.‑[Bail].
Petitioner in person.
Riaz Ahmad Sheikh, Assistt. Advocate‑General Pb. and Ijaz Ali Advocate‑on‑Record for the state.
Date of hearing : 9th January 1976.
After hearing the petitioner in person and the learned Assistant Advocate‑General, Punjab, we have decided to convert this petition into an appeal, and to dispose it of accordingly.
On the 10th of September 1975, a first information report was registered at Police Station City Sheikhupura regarding the murder of one Gharib Alam. Besides, naming certain persons as the actual assailants the complainant also named two persons, namely, Raja Shafiqur Rehman and Raja Khush Bakhtur Rehman as being concerned in the conspiracy to commit this murder. However, as a result of investigation, the Police wanted to arrest the present appellant Mansoor Ahmad Bhatti. He accordingly applied for bail before arrest, but his application was rejected by a learned Judge of the Lahore High Court by his order dated the 27th of November 1975.
It is submitted on behalf of the petitioner that he was named neither as an actual assailant nor as a conspirator in the first information report which was in sufficient detail, and accordingly his apprehended arrest was due to ulterior motives.
In the circumstances, we consider that the appellant is entitled to be released on bail. We would accordingly accept this appeal and confirm the interim order of bail already made by this Court on 5‑ 12‑75.
Appeal accepted.
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