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K.L.R. 1995 Criminal Cases 276

NOOR MUHAMMAD vs (MST.) BAWAN BIBI Etc

CitationK.L.R. 1995 Criminal Cases 276
CourtLahore High Court
Case No.Crl. Misc. No. 4366-B of 1994,
Date1994-12-04
Judge(s)Ahmad Saeed Awan
ResultN/A

ORDERAHMAD SAEED AWAN, J.- Noor Mohammad, petitioner-complainant, has moved this petition under section 497(5) Cr.P.C, for recall of the order of the learned Additional Sessions Judge, Kasur dated 5.10.1994 whereby respondent No.1 was granted pre-arrest bail'.

2. According to FIR, Mst. Bawan Bibi who is widow of Ibrahim deceased either committed his murder or got the murder committed through some one else at night time when the deceased was asleep.

3. Learned counsel in support of the petition argued that Mst. Bawan, respondent No.1 was named in the FIR; that there was a clear cut motive for the murder of the deceased as the deceased had been restraining respondent No.1 from seeing Niaz Ahmed. He argued that in a murder case, pre arrest bail is not be granted as a rule.

4. I have heard learned Counsel for the parties and have gone through the record produced by the Investigating Officer. The investigation was firstly conducted by the SHO of the concerned police station. The investigation was then conducted by the SDPO and later on the application of the complainant side, the investigation was carried out by DSP, C.I.A. Kasur. All the three Investigating Officers have found Mst. Bawan, respondent No.1, as innocent. Further, respondent No.1 is female and her case falls under first proviso to section 497 Cr.P.C. This being so, I do not find any justification to interfere with the impugned order of the learned Additional Sessions Judge. The petition is, therefor, 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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