MIR AND Another vs THE STATE- — 1971 PCRLJ 1214

Citation: 1971 PCRLJ 1214

Court: Lahore High Court

Year: 1970

Decision Date: 1970-10-19

Parties: MIR AND Another vs THE STATE-

Headnotes

Case cited as 1971 PCRLJ 1214

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Afzal Khan Title: MIR AND Another vs THE STATE- Case No.: Criminal Miscellaneous No. 6667 of 1970 Date of Judgment:1970-10-19 Reported As: 1971 P Cr. L J 1214 Result: Petition dismissed Judgment ORDER This is an application for admitting Mir and Ahmad alias Ahmi to bail in a case under section 302/34, P. P. C. By order 'dated the 31st August-1970, the petitioners have been committed to stand their trial in the Court of Session. 2. The grounds for bail are:-- (a) There are no eye-witnesses and the petitioners have been challaned due to suspicion. (b) It is alleged that the extra judicial confession was made to months after the occurrence whereas the petitioners were arrested by the police only one month after the occurrence. Besides, a joint extra judicial' confession by the petitioners along with one Amir could riot be received as evidence. (c) The petitioners having been enlarged on bail by the Sessions Judge, the committing Magistrate was not competent to cancel their bail while committing them to the Court of Session. 3. Kamir (P. W. 1) in his statement dated the 30th July 1970, clarified that he had informed the Thanedar that he had seen the accused persons assaulting the deceased. Dalmir P (P.W. 7), on cross-examination, stated that he had seen both the accused persons, running away from the spot of occurrence and that he had identified them beyond possibility of a mistake. He added that Ahrrni accused had fired can the…

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