1. ' WAHEEDUDDIN AHMED, J.-The petitioner has been committed under section 302, P. P. C. For the murder of Khurahid by air. Shukat Ali, Magistrate 1st Class, Lahore, by order dated the 9th April 1974.
2. The petitioner moved an application for bail on the ground that n.Me of the prosecution witnesses examined by the learned Ia4uiry Magistrate has supported the prosecution case and no one has attributed anything incriminating 10 him. A learned Single Judge of the Lahore High Court, by order dated the 8th March 1974, naps dismissed this application. After going through the evidence, he observed that Tayyab Khan P. W. 3, has named the petitioner and has incriminated him it the crime. The petitioner seeks permission to file an appeal against the said order.
3. Sardar Semi Hayat, learned counsel for the petitioner, has admitted that the petitioner had been committed for standing trial before the Sessions Court. In these circumstances, the proper course for the petitioner is to move the Sessions Court for bail. If any such application is moved by the petitioner, the learned Sessions Judge will not be influenced by the observation made by the High Court, in the above-mentioned petition.
4. ' Subject to this remark, the petition is dismissed.