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1987 MLD 1959

AHMAD and others vs THE STATE

Petitioner: AHMAD and others VS Respondent: THE STATE

Court: Lahore High Court Decision Date: 1987-05-10

Full Judgment Text & Judicial Ruling

Court Name: Lahore High Court Judge(s): Sh. Ijaz Nisar Title: AHMAD and others vs THE STATE Case No.: Criminal Miscellaneous No,1202-B of 1987 Date of Judgment:1987-05-10 Reported As: 1987 MLD 1959 Result: Bail refused

Judgment ORDER ' Ahmad, Ghulam Ali and Nawaz, petitioners stand charged with the murder of Mst.Maqsudan deceased on the night between 1-2/8/1986. It is further alleged that after the occurrence they took away her dead body which was not recovered. The motive for the occurrence was that the hand of the deceased was demanded for Ghulam Ali petitioner which was refused and she was engaged somewhere else. 2. The occurrence was witnessed by Dost Muhammad, Mst.Sardaran and Mst.Malkani P.Ws. According to the prosecution Nawaz petitioner had pressed the throat of the deceased while Ahmad and Ghulam Ali held her by her arms and feet. 3. Bail is urged on the grounds that the dead body of Mst.Maqsudan deceased has not been recovered and further that Ghulam Ali petitioner is a minor. 4. The mere fact that the dead body was.Not recovered, will not entitle the petitioners to bail in the presence of the allegation that A after killing her the petitioners carried her dead body with them on a horse-back. There is ocular evidence in the case and the occurrence was witnessed by three persons. As regards the minority of Ghulam Ali petitioner, he is not, shown to be below 16 years of age. An active role is attributed to him in the, occurrence. Accordingly, I do B not consider the petitioners entitled to bail at this stage and in consequence the petition is dismissed. ' However, the trial Court is directed to expedite the trial.

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