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2007 SCMR 1412

MUHAMMAD ASLAM and another vs THE STATE

Citation2007 SCMR 1412
CourtSupreme Court of Pakistan
Case No.Crl.P.L.A. No,13-K of 2007
Date2007-03-01
Judge(s)Abdul Hameed Dogar, Rana Bhagwan Das
Resultbail refused

ORDER

' RANA BHAGWANDAS, J.--- Petitioners seek leave to appeal against Sindh High Court, Sukkur Bench order, dated 12-1-2007 recalling interim pre-arrest bail order dated 3-10-2006 and declining to confirm the same.

2. Both the petitioners are directly nominated in the F.I.R. And active roles of causing Sota blows as well as injuries by means of backside of hatchet on the person of Mst, Waziran and Mst. Zubaida are attributed to them. The case has been challaned against them and, as per observation of the High Court, despite delay in lodging the F.I.R. No element of mala fide appears to exist on the fact of the record. The discretion exercised by the High Court in the matter of pre-arrest bail does not suffer from any illegality or arbitrariness, therefore, without commenting on the merits of the case in depth, we do not find any good ground for the grant of leave or to interfere with the exercise of discretion. Petition is, therefore, dismissed. Both the petitioners are taken into custody with the direction to produce them before the trial Court.

Cited by 4 cases

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