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Petitioner: MUHAMMAD HUSSAIN VS Respondent: AFZAL AHMED and another
Court Name: Supreme Court of Pakistan Judge(s): Fazal Karim, Muhammad Rafique Tarar Title: MUHAMMAD HUSSAIN vs AFZAL AHMED and another Case No.: Criminal Petition for Leave to Appeal No, 231/L of 1994 Date of Judgment:1994-08-10 Reported As: 1995 SCMR 932 Result: Leave refused
JUDGMENT
JUDGMENT ' MUHAMMAD RAFIQ TARAR, J.---Muhammad Hussain petitioner/complainant seeks leave to appeal from the order of a learned Single Judge of the Lahore High Court dated 15-6-1994 whereby he allowed bail to the respondent in a murder case. 2. It was an unwitnessed occurrence and the evidence collected by the Investigating Agency against the respondent consisted of the following pieces:-- (a) recovery of blood-stained hatchet at his instance about two months after the occurrence; (b) extra-judicial confession allegedly made by him about the commission of murder before two witnesses; and (c) he was seen alongwith others near the place of occurrence on the night of occurrence. 3. Learned counsel for the petitioner contends that the evidence on the record prima facie links the respondent with the commission of crime and the offence falls within the prohibitory clause, therefore, there was no justification for his enlargement on bail. 4. After considering the above submission in the light of material available on the record we do not find any legal infirmity in the impugned order. The petition has no merit and is dismissed.