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Petitioner: MUHAMMAD AZAM and others VS Respondent: THE STATE
Court Name: Supreme Court of Pakistan Judge(s): Shafi-ur-Rehman, Saad Saood Jan Title: MUHAMMAD AZAM and others vs THE STATE Case No.: Criminal Petition No,178 of 1989 Date of Judgment:1989-07-26 Reported As: 1990 SCMR 1319 Result: Petition dismissed
Judgment ORDER ' SAAD SAOOD JAN, J.---The petitioners were arrested in a case registered under sections 302 and 307, read with section 148 and section 109 of the Pakistan Penal Code at Police Station Saddar, Wazirabad. The allegations against the petitioners were that they together with a number of other persons formed an unlawful assembly and in the prosecution of the common object of the said assembly they attacked the complainant party killing two persons and injuring four others. At the relevant time the petitioners were carrying fire-arms. 2. Learned counsel for the petitioners states that of the assailants mentioned in the F.I.R. Six have been found innocent and for that reason they have not been arrested by the police. He contends that as the complainant party has falsely implicated a number of innocent persons, its case against the petitioners has also become doubtful. 3. It is difficult to accept the contention of the learned counsel. The names of the petitioners find mention in the F.I.R. And there are a number of eyewitnesses who are prepared to support the version given therein. The fact that six persons mentioned in the F.I.R. Have been found innocent by the police is by itself not a sufficient ground at this stage to cast doubt upon the participation of the petitioners in the occurrence. In the circumstances no case for bail has been made out. The petition is dismissed.
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