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1999 SCMR 2282

MUHAMMAD AKRAM vs SIKANDAR HAYAT and others

Citation1999 SCMR 2282
CourtSupreme Court of Pakistan
Case No.Criminal Petition for Leave to Appeal No, 486-L of 1998 Criminal
Judge(s)Sh. Riaz Ahmad, Munir A. Sheikh
ResultPetition dismissed

' MUNIR A. SHEIKH, J.---This petition for leave to appeal is directed against the order dated 21-10- 1998 of the Lahore High Court whereby the application moved by the petitioner for cancellation of bail granted to the respondents by the learned Judge, Special Court, Anti-Terrorism, Gujranwala Division through order dated 23-9-1998 in case F.I.R. No, 47 of 1998 dated 14-5-1998 under section 302/34/109, P.P.C. Registered at Police Station, Gojra, District Mandi Baha-ud-Din, has been dismissed.

2. Learned counsel for the petitioner submitted that it was a case of brutal double murder, therefore, the learned Special Judge granted bail to the respondents accused persons in disregard of the principles laid down by the Superior Courts, therefore, the same should have been cancelled by the High Court.

3. The High Court after perusing the police record came to the conclusion that even the information given by the petitioner at the time of registration of F.I.R. Was not based on his own knowledge and it was not stated in the same that he had identified the accused persons himself, therefore, the case called for further inquiry. It has also been observed that the respondents were found innocent by two S.H.Os., of the local police. The investigation was also conducted by Muhammad Shaukat Hayat, D.S.P., Range Crime, Gujranwala who also found the respondents innocent. Considering the facts as obtained in the record so far, it was found not a fit case for cancellation of bail already granted to the respondents by the learned Special Judge which was found to have been validly granted according to well-established principles of law laid down for grant of bail.

4. We are not inclined to interfere in the well-reasoned discretionary impugned order of the High Court, therefore, this petition is dismissed and leave to appeal refused.

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