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1981 SCMR 629

ALI HAIDER vs The STATE

Citation1981 SCMR 629
CourtSupreme Court of Pakistan
Case No.Criminal Appeal No142 of 1980 r. A. No. 1122 of 1980
Date1981-04-13
Judge(s)Nasim Hasan Shah, Aslam Riaz Hussain
ResultBail granted

ORDER

1. ASLAM RIAZ HUSSAIN, J.-.The appellant was tried and convicted along-- with some others for offences under section 307/148/149, for which he was sentenced, inter alla, to 7 years' R.1. His application for bail under sec--tion 426, Cr. P. C. Was rejected by the High Court vide the impugned judgment. Hence, the present petition.

2. Notice was issued to the State. We have heard the learned counsel for the appellant as well as the learned State Counsel. The appellant's counsel submitted that out of the three witnesses in the case, one, namely, Abdur Rashid has stated that Ali Haider was not even present at the spot while the other two have stated that he was present but have not attributed any role to him. He submitted that on this state of evidence the appeal qua him is likely to succeed. There is force in this contention. We, therefore, convert this petition into appeal and accept the same, and grant bail to the appellant in the sum of Rupees Twenty Thousand with two sureties in the tike amount to the satisfaction of A. C., Pasrur.

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