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WASIL DIN versus THE STATE


Evidence Act 1872 Section 32 Explanatory Rule (XLV of 1860), Section 302/34 Dying Declaration was not intended to produce a dying declaration by anybody but was made with the entire faculty, which proved through credible evidence that In the true words of such a dying declaration, a valuable piece of evidence and a weak type of evidence could not be treated.
1987 M L D 996

[Lahore]

Before Ijaz Nisar, J

PRINCIPAL COLLEGE OF COMMUNITY

MEDICINE, LAHORE--Petitioner

Versus

Dr. Syed ABDUL RASHID and others--Respondents

Criminal Miscellaneous No. 33/B of 19 4, decided on 14th February, 1984.

Criminal Procedure Code (V of 1898)--

---S. 497(5)--Penal Code (XLV of 1860) S. 409--Bail--Application for cancellation of--Application moved to counter-weigh other case in which accused stood involved--Application, held, not moved for bona fide reasons--Application dismissed.

Mehr Ghulam Ali Mubashir for Petitioner.

Petitioner in person.

Tanvir Ahmad Khan, A.A.-G. for the State.

ORDER

This is an application for cancellation of bail granted to the respondents by the learned Special- Judge, Anti-Corruption on 22-12-1983 in a case under section 409, P. P. C.

2. The respondents are alleged to have misappropriated benzidine worth Rs.20,000 from a .store of the College of Community Medicine, Lahore.

3. The cancellation of bail is sought on the ground that the respondents were not entitled to bail because the offence is punishable with imprisonment with life and further that they are threatening the P.Ws.

4. Mr. Tanvir Ahmad Khan, A.A.-G. does not support the application. According to him prior to the registration of the present case the matter was under investigation with the Anti-Corruption Establishment and they have obtained sanction for the prosecution .of the present complainant and 6 others.

5. From the above circumstances, it appears that the present application has been moved to counter-weight the other case in which the petitioner stands involved and thus finding it .not to have been moved for bona fide reasons, I dismiss it in limine.

M. Y. H. Petition dismissed.

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