MUNAWAR HUSSAIN AND 2 Others vs THE STATE — 1971 PCRLJ 14

Citation: 1971 PCRLJ 14

Court: Lahore High Court

Year: 1970

Decision Date: 1970-08-28

Parties: MUNAWAR HUSSAIN AND 2 Others vs THE STATE

Headnotes

Case cited as 1971 PCRLJ 14

Judgment Text

Court Name: Lahore High Court Judge(s): Shoukat Ali Title: MUNAWAR HUSSAIN AND 2 Others vs THE STATE Case No.: Criminal Miscellaneous No. 4893 of 1970 Date of Judgment:1970-08-28 Reported As: 1971 P Cr. L J 14 Result: Petition allowed Judgment ORDER This is an application under section 498 of the Code of Criminal Procedure for bail. 2. The facts, as stated in the petition are these. On the night between 6th/7th May 1970, one Niaz Muhammad was mur--dered in mauza Kaudewalli, within the jurisdiction of Kot Samaba Police Station, District Rahim Yar Khan. On these allegations, a case under section 302 of the Pakistan Penal Code was registered vide First Information Report No. 56 of 1970, at the said police station at 9-30 a. m. On 7th May 1970, at the instance of Chaudhary Sultan Ahmad. In the course of investigation, the police arrested Ghulam Shabbir, who confessed before Abdul Karim and Sar Buland P. Ws., that he had murdered Niaz Muhammad. After the investigation was complete, Ghulam Shabbir was remanded to judicial custody. Later on, the com--plainant, it is alleged at the instance of the rival political oppo--nents of the petitioners made an application for the transfer of the investigation to the Police Chief of the District and the investigation was entrusted to C. I. A. Police, Rahim Yar Khan. C: I. A. Police, it is alleged, secured the person of Ghulam Shabbir from the jail on the plea that he was wanted in a theft case and produced him before the Magistrate, wherein…

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