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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: BASHIR AHMED VS Respondent: MUHAMMAD RIAZ and 3 others
Court Name: Supreme Court of Pakistan Judge(s): Rashid Aziz Khan, Rana Bhagwan Das, Tanvir Ahmed Khan Title: BASHIR AHMED vs MUHAMMAD RIAZ and 3 others Case No.: Criminal Petition No,101-L of 2001 Date of Judgment:2001-04-25 Reported As: 2001 SCMR 1543 Result: Leave granted
Judgment ORDER ' RASHID AZIZ KHAN, J.---We have heard the learned counsel for the petitioner at length and with his assistance gone through the judgment impugned. The main contention of the learned counsel for the petitioner is that the assailants came from a distance of three kilometres to the place of abode of the complainant side and launched an attack with fire-arms which resulted in the death of Muhammad Ishaq on the side of complainant and Muhammad Aslam Bagga on the side of accused persons. Submits that the learned Division Bench of Lahore High Court erred in law by holding that it was a sudden affair without giving any finding to effect that they came armed with fire-arm from a far-off place with the intention to launch murderous assault on the complainant side. We have also noticed that learned Division Bench without discussing evidence or assigning any reason just came to the conclusion that Muhammad Aslam Bagga was done to death by the fire of complainant side. The evidence on the basis of which they came to this conclusion is not clear. We feel, it is a fit case in which leave to appeal should be granted for reappraisal of evidence. Order accordingly. ' Let bailable warrants of arrest against Muhammad Riaz, Muhammad Akram and Muhammad Nawaz in the sum of Rs,50,000 each, with one surety in the like amount, returnable to Sessions Judge, Faisalabad be issued.
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