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Petition for Special Leave to Appeal No. 86‑R of 1975, decided on 18th November, 1975.
(On appeal from the order of Lahore High Court, Lahore dated 17‑9‑1975 in Criminal Miscellaneous No. 3867‑B/75).
‑‑‑5. 498‑‑Penal Code (XLV of 1860), S. 302/34‑‑Bail before arrest‑ Accusation in F.I.R. implicating accused‑‑Little chance of mistaken identity‑‑Question of accused's innocence or‑ guilt to be decided in enquiry/during trial‑‑Order refusing bail before arrest, upheld.
A Ch. Muhammad Anwar Buttar, Senior Advocate instructed by Maqbool Ahmad,
Advocate‑on‑Record for Petitioner.
Nemo for the State.
Date of hearing: 18th November, 1975.
‑The' petitioner is charged alongwith others under section 302/34, P.P.C. Instead of surrendering to the police he applied to the High Court for bail before arrest. The application was dismissed by a learned Judge from which order he seeks leave to appeal.
It is observed by the Learned Judge that the accusation in the F.I.R. implicates the petitioner and that the occurrence had taken place in broad day light meaning thereby that there was little chance of mistaken identity of the culprits.
We fully agree with the High Court that the question of the petitioner's innocence or guilt will be decided only in the enquiry under Chapter XVIII of the Cr.P. Code or during the trial. There is thus no occasior to grant him bail before arrest.
The petition is dismissed.
M.I. Leave refused.
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