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Petition for Special Leave to Appeal No. 248 of 1979, decided on 18th June 1979.
(On appeal from the order of the Lahore High Court dated 20th of May 1978 in Criminal Miscellaneous No. 3852/13 of 1978).
Criminal Procedure Code (V of 1898)‑‑
---S. 497(5)‑Bail, cancellation of‑High Court cancelling bail on ground of accused having murdered on to prosecution witness and injured another after being released on bail‑Fact of one prosecution witness being murdered and another injured, held, bound to result in intimidation of remaining prosecution witnesses in case in hand‑High Court accordingly justified
in cancelling petitioner's bail.
Agha Abdul Ali Khan, Advocate and Sheikh Abdul Karim, Advocate‑on- Record for Petitioners.
G. A. Farid, Advocate for Respondent No. 1.
Sh. Ijaz Ali, Advocate‑on‑Record for Respondent No. 2.
Date of hearing : 18th June, 1979.
.‑Muhammad Hussain and Fateh Muhammad petitioners are accused along with some others under section 302/ 307/148;149, P. P. C. They were granted bail by the learned Sessions Judge but the same was cancelled by a learned Single Judge of the High Court vide the impugned judgment dated 20th of May, 1979, on the ground that after being released on bail in the aforementioned case they had murdered Ulfat, one of the prosecution witnesses in the said case and injured Ali Sher, another prosecution witness in the same case. Feeling aggrieved they have filed the present petition for special leave to appeal.
2. The main contention urged by the learned counsel for the petitioner was that Fateh Muhammad respondent No. 2 has not been mentioned as an accused in the F. I. R. in the case under section 302, P. P. C. That may be so but four witnesses including Ali Sher the injured P. W. have implicated Fateh Muhammad as well as Muhammad Hussain petitioners in their statements recorded by the police during the investigation. The fact that one of the P. Ws. in the case under section 307, P. P. C. has been murdered while another has been injured is bound to result in the intimidation of the remaining P. Ws. in that case.
We are therefore of the view that the learned High Court Judge was justified in cancelling the petitioners bail. The present petition is conse quently dismissed.
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