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Criminal Petition for Special Leave to Appeal No. 26/P of 1983, decided on 31st October, 1983.

(On appeal from the judgment and order of the Peshawar High Court dated 16‑3‑1983 in Criminal Miscellaneous No. 133 of 1982).

‑‑--Art. 185(3)‑Criminal Procedure Code (V of 1898), S. 497/498 Penal Code (XLV of 1860), S. 302‑Bail‑Accused charged along with others for murder of two persons and injuring of two prosecution witnesses‑One person from accused side was also found dead having received gunshot wounds but no mention made of occasion resulting death of such person from accused side‑Order of High Court not suffering from any infirmity nor it was exceptionable on point of discretion exercised in matter of bail‑Leave to appeal refused in circumstances.

Sabir Khan, Advocate Supreme Court and Qasim Imam, Advocate‑on -Record (absent) for Petitioner.

Basharatullah Khan, Assistant Advocate‑General N.‑W. F. P. for Respondent No. 2.

Nemo for Respondent No. 1.

Date of hearing : 31st October, 1983.

This petition is directed against the judg ment and order of Peshawar High Court dated.16‑3‑1983 passed in Criminal Miscellaneous No. 133 of 1982.

2. We have heard the learned counsel for the petitioner. The impugned order of the learned High Court Judge does not suffer from any infirmity nor it is exceptionable on the point of discretion exercised in the matter of bail. The respondent was charged, alongwith some others, for the murder of two persons and injuring two of the P. Ws. It was observed by the learned Judge that on the spot one person from the accused side was also found dead namely Khawaja Noor who had received gun shot wounds and a rifle with some empties, was lying close by, but no mention has been made of the occasion resulting in the death of Khawaja Noor. Thus, we find no merit in this petition which is accordingly, dismissed.

M. Z. M. Petition dismissed.

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