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BASHIR AHMAD versus MUHAMMAD HANIF KHAN


Criminal Code of Conduct (CRPC) Section 497 (5) of the Criminal Procedure (XLV of 1860), Sections 302, 364 and 420 bail, the accused was found innocent by the police facts and the matter of not appearing innocent. The data to perform was not appropriate. The accused was granted bail and bail, which was canceled under the circumstances

1986

M L D 2413(1)

[Lahore]

Before Mazhar‑ul‑Haq, J

BASHIR AHMAD‑‑Petitioner

versus

MUHAMMAD HANIF SHAH and 2 others‑‑Respondents

Criminal Miscellaneous No.2703/B of 1985, decided on 18th April, 1986.

Criminal Procedure Code (V of 1898)‑‑

‑‑‑S.497(5)‑‑Penal Code (XLV of 1860), Ss.302, 364 & 420‑‑Bail, cancellation of‑‑Accused found innocent by Police‑‑Facts and data for holding them innocent not disclosed‑‑Case, held, was not fit for bail and bail allowed to accused was, cancelled in circumstances.

Ch. Muhammad Hussain for Petitioner.

Zafar Pasha Chaudhary for Respondents.

S.M. Hamid Ali for the State.

Date of hearing: 16th April, 1986.

ORDER

The respondents are accused in a murder case. Their petition for bail was dismissed on 17‑4‑1985 for the reasons that incriminating articles were recovered at their instance. Later on 3‑9‑1985 Additional Sessions Judge, IV Gujrat, allowed them bail on the ground that they were found innocent by the police, without disclosing the facts and data on which they were found innocent, the bail was allowed to them. It appears that the accused persons were trying to effect a compromise with the complainant which became the basis of the police report. I do not consider it a fit case for bail. The bail allowed to them is cancelled. They shall be taken into custody and sent up for trial.

S.A.

Bail cancelled.

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