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RIAZ versus STATE


Criminal Code of Conduct (CR PC) Section 497 Explanatory Code (XLV of 1860) Section 302 Expansion of a Request for Bail

1985 M L D 752 (2 )

[Lahore]

Before Ijaz Nisar, J

ZAFAR SHAH and others--Petitioners

versus

THE STATE- Respondent

Criminal Application No.2712-B of 1983, decided on 19th December,1983.

Criminal Procedure Code (V of 1898)--

---S.497--Penal Code (XLV of 1860) S. 302--Bail--Contentions raised in bail application relating to merits of case--Bail application dismissed.

Shahzad Jahangir for Petitioners.

Sardar A. Khalid for the State.

Muhammad Iqbal Sargana for the Complainant.

ORDER

The petitioners stand charged with the murder of Khadim Hussain deceased on the night of 4/5-7-1983.

2. The petitioners are alleged to have dealt hatchet blows to the deceased.

3. Bail is urged on the ground that it was a night occurrence and thus identification was not possible, further that no intelligible motive is attributed to the petitioners and lastly that no recovery has been effected.

4. Learned counsel for the State and the complainant submit that both the petitioners are named in the F.I.R. which was promptly lodged and the occurrence was witnessed by four persons including widow of the deceased. It is further stated that there are specific allegations against them of causing injuries to the deceased.

5. The contentions raised by the learned counsel for the petitioners essentially relate to the merits of the case and cannot be gone into at this stage. Accordingly, I dismiss the application.

M . Y . H .

Petition dismissed.

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