Find a Lawyer

Criminal Appeal No142 of 1980, decided on 14th April 1981.

(Against the judgment and order dated 22^nd October 1980, of the Lahore High Court in Cr. A. No. 1122 of 1980).

---S. 497/498-Bail-Out of three prosecution witness one allegedly stating accused having not been present at spot while other two stating accused having been present but attributing no role to him Contention as to appeal qua such accused being likely to succeed on such state of evidence, held, not without force--Bail granted. [Appeal (criminal)].

Shahid Hussain Qadri, Advocate Supreme Court and Tanvir Ahmad, Advocate-on-Record for Appellant.

Nemo for the State.

Date of hearing : 14th April 1981.

.The appellant was tried and convicted along with some others for offences under section 307/148/149, for which he was sentenced, inter alla, to 7 years' R.1. His application for bail under sec tion 426, Cr. P. C. was rejected by the High Court vide the impugned judgment. Hence, the present petition.

Notice was issued to the State. We have heard the learned counsel for the appellant as well as the learned State Counsel. The appellant's counsel submitted that out of the three witnesses in the case, one, namely, Abdur Rashid has stated that Ali Haider was not even present at the spot while the other two have stated that he was present but have not attributed any role to him. He submitted that on this state of evidence the appeal qua him is likely to succeed. There is force in this contention. We, therefore, convert this petition into appeal and accept the same, and grant bail to the appellant in the sum of Rupees Twenty Thousand with two sureties in the tike amount to the satisfaction of A. C., Pasrur.

Appeal accepted. Bail granted.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.