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Criminal Petition No. 263 of 1984, decided on 8th October, 1984.

(On appeal from the judgment and order of the Lahore High Court Lahore dated 17‑7‑1984, passed in Criminal Miscellaneous No. 1908/13 of 1984).

‑‑‑S. 497‑‑Penal Code (XLV of 1860), S. 302/307/149/148‑‑Specific parts assigned to accused in first information report in commission of crime leading to two murders and murderous assault on three persons‑‑High Court, held, justified in rejecting bail of accused‑‑Leave to appeal refused.

Iqbal Ahmed Qureshi, Advocate‑on‑Record and Naimat Khan, Advocate Supreme Court for Petitioners.

Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for the Complainant.

Date of hearing: 8th October, 1984.

.‑‑This is a petition for leave to appeal from the order of a learned Judge of Lahore High Court dated 17‑7‑1984 rejecting petitioners' request for release on bail. The four petitioners alongwith five others, Khan, Walayat, Azam, Zulfikar and Zahoor are awaiting trial in a case under section 302/307/149/148 of the Pakistan Penal Code. The five co‑accused have been allowed bail for the reason according to the High Court that "they were found innocent by the police". Petitioners' request has been rejected by the Additional Sessions Judge, Jhang and the High Court for the reason that in the F.I. R. specific parts have been assigned to the petitioners for participation in the crime which has led to two murders and murderous assault on three persons. The reasons which have prevailed in the High Court for rejecting petitioners' request for bail are unassailable. There is no merit in this petition and it is dismissed.

It is, however, open to petitioners to repeat the request for bail after material evidence is recorded by the trial Court.

M.Y.H Petition dismissed.

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