NAIB SUBBDAR LAL KHAN vs THE STATE — 1971 PCRLJ 904

Citation: 1971 PCRLJ 904

Court: Lahore High Court

Year: 1971

Decision Date: 1971-03-09

Parties: NAIB SUBBDAR LAL KHAN vs THE STATE

Headnotes

Case cited as 1971 PCRLJ 904

Judgment Text

Court Name: Lahore High Court Judge(s): Ataullah Sajjad Title: NAIB SUBBDAR LAL KHAN vs THE STATE Case No.: Criminal Miscellaneous No. 422/B of 1971 Date of Judgment:1971-03-09 Reported As: 1971 P Cr. L J 904 Result: Application dismissed Judgment ORDER The to petitioners along with to others are accused for the commission of an offence under section 302/34, P. P. C. For the murder of one Lal Khan. As a result of the investigation the police found that the plea of alibi raised by the to petitioners had some substance and placed. Their names in column No. 2. The complainant filed a separate complaint against the, to petitioners as a result of which they were summoned y the Inquiry Magistrate, who ultimately committed the to petitioners and their co-accused to the Court of Session to stand their trial by his order dated 26-8-70. 2. Before the commitment order had been passed the petitioners had moved the Sessions Court at Rawalpindi for the grant of bail. Ch. Bashir Ahmad, Additional Sessions Judge, Rawalpindi, granted bail to them on 2-4-70 He, however, kill observed that the Inquiry Magistrate will be at liberty to cancel the bail granted to the petitioners if he commits the accused for trial but he refused to do so vide a copy of the order (Annex. D), dated 27-8-70. The learned Magistrate relied on Maqbool Ahmad v. Anwar and another (PLD 1967 Lah. 364) where it is held :- "Framing of charge against accused is not tantamount to finding that accused is guilty of offence…

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