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1975 SCMR 187

ABDULLAH alias DULLA AND ANOTHER vs THE STATE

Citation1975 SCMR 187
CourtSupreme Court of Pakistan
Case No.Petition for Special Leave to Appeal No, 420 of 1974
Date1975-01-09
Judge(s)Salahuddin Ahmad, Sheikh Anwarul Haq
ResultThe petition is accordingly dismissed.

ORDER

1. ' SALAHUDDIN AHMED, J.-The two petitioners alongwith six other persons are facing inquiry before a Magistrate in respect of offences under section 302/452/148/149 of the Pakistan Penal Code registered on the 12th of March 1974. The allegations against them are that all of them in a body came armed with a pistol, a gun and dangs and raised lalkara that they had come to avenge the murder of one Jhalla and thereafter two of them Sukha and Bashir fired at and killed Jhalla. Then they went to another place where Allah Yar, son of Jhalla was present and there again after all of them had raised lalkara co-accused Bashir and Sukha shot and killed Allah Yar. All the accused including the two petitioners thereafter went to a third place where Hidayat another son of Jhalla was taking bath and there again the six accused persons including the two petitioners raised lalkara and co-accused Bashir and Sukha shot and killed Hidayat.

2. The circumstances disclosed so far show that all the accused persons acted together and the mere fact that the fatal injuries had been attributed to co-accused Bashir and Sukha only will not at this stage be of any relevance for the purpose of releasing the petitioners on bail on the ground that they did not share the common intention in the matter of killing the three deceased persons particularly when the inquiry proceeding is still continuing.

3. ' The petition is accordingly 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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