ATA MUHAMMAD AND Another vs THE STATE — 1968 PCRLJ 436

Citation: 1968 PCRLJ 436

Court: Lahore High Court

Year: 1971

Decision Date: 1971-03-18

Parties: ATA MUHAMMAD AND Another vs THE STATE

Headnotes

Case cited as 1968 PCRLJ 436

Judgment Text

Court Name: Lahore High Court Judge(s): Shoukat Ali Title: ATA MUHAMMAD AND Another vs THE STATE Case No.: Criminal Miscellaneous No. 1391 of 1970 Date of Judgment:1971-03-18 Reported As: 1971 P Cr. L J 354 Result: revision granted Judgment ORDER This order may be read in continuation of my order dated the 10th of March 1970. 2. Mr. Rafiq Butt learned counsel appearing for the State stated that Ch. Mukhtar Ahmad, D. S. P. Met an accident and Sub-Inspector, investigating the case was away to Mianwali, in connection with the investigation of this case, therefore, it was not possible for them to appear in this Court today. 3. Raja Muhammad Anwar, learned counsel appearing fit the complainant stated than Muhammad Bashir, A. S. I., Police Station Isakhel had brought the police file and the matter could be decided in the absence of the police officers of the Crimes Branch, West Pakistan, Lahore. He stoutly argued that Ata Muhammad accused was not entitled to bail, because the local police investigating the case, had filed the police report under section 173, Cr. P. C., and had placed him in column 1 of the police challan and the mere fact that the investigating officers of the Crimes Branch had stated that Ata Muhammad was innocent, was not enough, to admit him to bail as that police officer had not placed him in column 2 of the police challan. It was further urged that this Court at this stage could not examine the evidence of alibi and as such it was urged that the interim bail…

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