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1982 SCMR 434

IBRAHIM AND Another vs The STATE

Citation1982 SCMR 434
CourtSupreme Court of Pakistan
Case No.Criminal Petition No. 9-R of 1982 Cr. Misc. No. 424/B/81
Date1982-02-12
Judge(s)Shahnawaz Khan, Muhammad Afzal Zullah
ResultPetition dismissed

ORDER

1. SHAH NAWAZ KHAN, J.- Ibrahim son of. Din Muhammad and Pervez son of Pir Bakhsh, both Kashmiris by caste and residents of Tarnole, District Islamabad, are charged for causing the murder of Noor Elahi in furtherance of their common intention. Muhammad has also been charged along with them.

2. The request of Ibrabim and Pervez for bail was rejected by the Sessions Judge, Islamabad. Their prayer for bail also failed before the High Court, and the learned Judge of the Lahore High Court, Rawalpindi Bench, by his order dated 11-1-1982 dismissed their petition. They have now come to this Court with a prayer for special leave to appeal against the said judgment dated 11-1-1982 of the High Court.

3. Refusal to grant bail in a case like the present one is a matter of discre--tion of the trial Court which is trying the case. For offences punishable with death or transportation, the discretion is subject to the limitation that bail is not to be allowed to an accused person. The Courts are not required to probe into the merits of the case. They have only to look at the material placed before them.

4. We find no infirmity in the impugned order which may justify interference so far as the grant of bail to the petitioner is concerned. This petition is, therefore, dismissed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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