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1999 P Cr. L J 799

MUHAMMAD AFZAL vs ASLAM and 2 others

Citation1999 P Cr. L J 799
CourtPeshawar High Court
Case No.Criminal Miscellaneous Bail Cancellation Petition No,153 of 1998
Date1998-11-17
Judge(s)Muhammad Azam Khan, Abdur Rauf Khan Lughmani
ResultPetition dismissed

ORDER

' MUHAMMAD AZAM KHAN, J.--- Muhammad Afzal, complainant/petitioner herein, has by this application filed under section 497(5), Cr.P.C. Sought the indulgence of this Court to set aside the order, dated 11-8-1998 passed by the learned Additional Sessions Judge/Judge Special Court, D.I.

Khan in case F.I.R. No,100, dated 1-8-1998 registered at Police Station .Paroa under section 324/34, P.P.C., vide which Aslam and Zafar, accused/respondents herein, were admitted to bail.

2. The main consideration which weighed with the learned Court below in allowing bail to the accused/respondents was that it was a night occurrence, identification wherein of the culprits was not possible, there is an inordinate delay in lodging the report and that the victim/complainant had sustained a solitary wound on a non-vital part of his body but had charged two persons for the same. Learned counsel for the petitioner could not be able to pin-point that the impugned order is arbitrary, fanciful or perverse so as to warrant interference by this Court, nor he was able to show that the accused/respondents had misused the concession of bail allowed to them

3. Resultantly, we find no merit in the application in hand which is hereby dismissed in limited.

Cited by 1 case

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