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Criminal Petition for Leave to Appeal No. 282 of 1979, decided on 15^th June, 1982.

(On appeal against the order of the Lahore High Court dated 14‑5‑1979 in Criminal Appeal No. 908 of 1976).

---Art. 185(3)‑Leave to appeal‑Granted to examine inter alia whether High Court in forming its opinion took all relevant factors into consi deration and drew conclusions which could be reasonably drawn with regard to credibility of an eye‑witness considered reliable by trial Court.‑

Maqbool Elalli Malik with Sheikh Masud Akhtar, Advocate‑on‑Record (absent) for Petitioner.

Ijaz Hussain Batalvi, Senior Advocate Supreme Court and M. A. Rehman, Advocate‑on‑Record for Respondents Nos. 1 and 2.

M. M. Saeed, Advocate Supreme Court and Ijaz Ali, Advocate‑on‑Record for Respondent No. 3:

.‑The acquittal of the respondents is based, inter alia, on the proceedings taken in the High Court for the first time, for procuring, verifying and comparing the handwriting of an eye‑witness who was on the basis of such proceedings held to be "thoroughly unreliable person."

Leave to appeal is granted to examine among other questions. Whether the High Court in forming the opinion that it did, took all the relevant factor into consideration and has drawn conclusions which could reasonably by drawn with regard to the credibility of an eye‑witness who had been considered reliable by the trial Court.

Bailable warrants in the sum of Rs. 2,500 with two sureties (each respon sible individually and jointly) in the like amount to the satisfaction of and returnable to District Magistrate Sargodha to issue.

Leave granted.

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