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1994 SCMR 1678

NAZIR AHMED vs GHULAM RASUL and others

Citation1994 SCMR 1678
CourtSupreme Court of Pakistan
Case No.Criminal Petition for Leave to Appeal No, 332-L of 1993
Date1994-01-08
Judge(s)Saleem Akhter, Manzoor Hussain Sial, Shafi-ur-Rehman
ResultLeave refused

ORDER

' MANZOOR HUSSAIN SIAL, J.---The petitioner seeks leave to appeal against order dated 21-3-1993, of the learned. Single Judge of the Lahore High Court, whereby he released respondents Nos. 1 and 2 on bail pending decision of the case against them.

2. Nazir Ahmad petitioner lodged F.I.R. On 16-2-1992, under section 302/34, P.P.C. At Police Station, Piplan, District Mianwali, wherein alleged that on the night between 15/16th February, 1992, his brother Muhammad Ibrahim was murdered by a gun-shot fired by Muhammad Amin accused. The respondents were also alleged to have participated in the firing.

3. The learned Lahore High Court allowed the respondents to be released on bail on the ground that only ineffective firing was attributed to them, no crime empty was recovered from the spot and the occurrence had taken place at the mid-night when identification of assailants was difficult.

4. Learned counsel for petitioner contended that Ghulam Rasul had motive as he suspected Muhammad Ibrahim deceased having illicit relation with his wife. He, however, was unable to controvert the factum of ineffective firing attributed to the respondents no crime empty found from the place of firing and the occurrence had taken place at the dead of night. Learned counsel was also unable to satisfactorily account for the delay of 75 days for filing this petition against the impugned order.

5. In our view the impugned order passed by the learned Single Judge of the Lahore High Court releasing the respondents on bail for the grounds mentioned therein calls for no intetference. This petition is consequently dismissed and .

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