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1994 SCMR 481

ABDUS SATTAR vs ABDUL GHAFOOR and another

Citation1994 SCMR 481
CourtSupreme Court of Pakistan
Case No.Cr.P.L.A. No, 417-L of 1993
Date1993-11-23
Judge(s)Saleem Akhter, Shafi-ur-Rehman
ResultLeave refused

ORDER

' SALEEM AKHTAR, J. ---The petitioner seeks leave to appeal against the order of the learned Judge in Chambers of the High Court whereby bail has been granted to respondent No,1. The petitioner in fact seeks cancellation of the bail granted to the respondent.

2. The respondent had been suspected of committing murder of Muhammad Azam and the motive was that he was suspecting that the deceased had illicit intimacy with his daughter Mst. Yasmin. It was stated that on the night of 28-2-1993 Inayat and Muhammad Sharif co-accused deceitfully picked the deceased from his house whereafter he never returned alive. On pointation of these co- accused namely Inayat and Muhammad Sharif some bones of the deceased were recovered and also his shirt and shoes.

3. The learned counsel for the petitioner contended that the co-accused are employees of the respondent, but this circumstance by itself is not sufficient to charge him with the commission of the offence. Moreover, as stated by the learned counsel for the petitioner, the co-accused have made confession, but have not involved the respondent in the commission of the offence. In these circumstances, the learned Judge was justified in granting bail. Leave is refused.

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