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Criminal Appeal No. 18‑P of 1976 in Petition for Special Leave to Appeal No. 7‑P of 1975, decided on 14th May 1978.
(On appeal from the judgment and order of the Peshawar High Court dated the 23rd September 1974, in Cr. Appeal No. 205 of 1973).
‑‑ Ss. 497 & 498‑Bail‑‑‑Petitioner's counsel addressing Court for same time but later expressing his wish not to press petition for release of petitioner on bail‑Petition, in view of counsel's statement, dismissed.
Nur Ahmad Khan, Advocate‑on‑Record for the State.
M. Qasim Imam Advocate‑on‑Record for Respondent/Applicant.
Date of hearing : 14th May 1978.
Mir Zaman along with two others was tried for the murders of Zahidin and Abdul Wadud and for attempting on the lives of Amanullah, Mst. Kafil Warrah and Mst. Taja. The learned Sessions Judge, Peshawar by his judgment dated the 22nd of October 1973 con victed Mir Zaman under section 302, P. P: C. on one count only for the murder of Zahidin and under section 307, P. P. C. also on one count only for attempting on the life of Amanullah. Under section 302, P. P. C. he was sentenced to death and under section 307, P. P. C. he was sentenced to 3 years' R. I. and to pay a fine of Rs. 1,000 or in default to undergo six months' R. I.
The convict went up in appeal to the High Court at Peshawar and the High Court by its judgment dated the 23rd of November 1974, accepted his appeal, set aside his convictions and sentences and acquitted him. The State thereupon filed a petition for special leave to appeal against the aforesaid order of acquittal. This Court by its order dated the 10th of June 1976, granted leave to appeal and at the same time ordered the issuing of non‑bail-able warrant for the arrest of Mir Zaman returnable to the District Magistrate, Peshawar. Pursuant to the warrant Mir Zaman has been arrested and is in judicial lock‑up.
This is a petition by Mir Zaman for his release on bail pending '" disposal of appeal against him. After hearing Mr. M. Qasim Imam, learned Advocate‑on‑Record for the applicant/respondent for some time he stated that he did not wish to press his petition for the release of the petitioner on bail and in view of his statement this petition is therefore dismissed.
Petition dismissed.
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