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K.L.R. 1993 Criminal Cases 194

MUHAMMAD HUSSAIN vs THE STATE And 2 Other

CitationK.L.R. 1993 Criminal Cases 194
CourtLahore High Court
Case No.Crl. Misc. No. 2211/C.B of 1992
Date1992-10-21
Judge(s)Sh. Riaz Ahmad
ResultN/A

ORDER

RIAZ AHMAD, J. For the murder of Muhammad Munir, an FIR was lodged in which not only the respondents but Muhammad Afzal was also named. The matter was investigated into on three occasions by various investigating agencies and the consensus was that only Muhammad Afzal was involved in this case while no evidence was available against respondents Muhammad Arshad and Khalid Meh mood and therefore, their names were placed in column No. 2.

2. Aggrieved by the fate of the investigation, the complainant faed a private complaint against the respondents and the process was issued by the Addl: Sessions Judge, Sheikhupura. On the issuance of the process the learned Addl: Sessions Judge Sheikhupura, considering it a case of further enquiry and also by holding that the respondents were only required to execute bonds for appearance admitted them to bail.

3. This application seeking cancellation of bail was moved by the complainant. I have heard the learned counsel for the petitioner as well as the respondents at length. In my view, the discretion exercised by the learned Addl: Sessions Judge in granting the bail to the respondents not open to exception. Obviously, it has been held that no material was available against them with the investigating agency on the one hand and for issuance of process in the complaint on the other, hand the case falls within the purview of section 497 (2) Cr.P.C, and thus, I am not inclined to interfere with the order impugned.

4. It is clarified that this order shall not affect the mind of the trial Court which shall proceed independently on the basis of the evidence adduced before it.

5. With these observations, this petition stands dismissed.

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