MOULA BUX AND 3 Others vs The STATE — 1971 SCMR 196

Citation: 1971 SCMR 196

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-03-02

Parties: MOULA BUX AND 3 Others vs The STATE

Headnotes

Case cited as 1971 SCMR 196

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Muhammad Yaqub Ali Khan Title: MOULA BUX AND 3 Others vs The STATE Case No.: Criminal Petition for Special Leave to Appeal No. K-3 of 1971 Date of Judgment:1971-03-02 Reported As: 1971 SCMR 196 Result: Leave refused Judgment ORDER MUHAMMAD YAQUB ALI, J.-Six persons were killed by the use of tire arms in Taluka Hala. District Hyderabad on 15-1-1963. The present petitioners along with seven others were named in the First Information Report as the culprits besides two or three others. One of them, namely, Warroo was arrested during the investigation and identified at the test parade by P. Ws. The petitioners were placed under arrest on some date prior to the 12th February 1963, when they were along with their cc-accused sent to the Court of a local Magistrate at Hyderabad for holding inquiry under Chapter XVIII of the Code. It should have been a matter of some concern to the learned Judge in the High Court and the Sessions Judge, Hyderabad, that the petitioners are rotting in Jail for the last eight years and so far not a single witness has been examined by the prosecution to support the charges brought against them. The delay in bringing the petitioners and their co-accused to trial and the laches shown by the prosecution were sufficient grounds for releasing the petitioners on bail as was done in the case of Warroo and another co-accused The distinction made by the Sessions Judge that the petitioners had…

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