GHULAM MOHAMMAD vs GHULAM SARWAR AND 2 OTHERS — 1971 PCRLJ 1036

Citation: 1971 PCRLJ 1036

Court: Lahore High Court

Year: 1971

Decision Date: 1971-04-08

Parties: GHULAM MOHAMMAD vs GHULAM SARWAR AND 2 OTHERS

Headnotes

Case cited as 1971 PCRLJ 1036

Judgment Text

Court Name: Lahore High Court Judge(s): Ghulam Safdar Shah Title: GHULAM MOHAMMAD vs GHULAM SARWAR AND 2 OTHERS Case No.: Criminal Miscellaneous No. 146/B of 1971 Date of Judgment:1971-04-08 Reported As: 1971 P Cr. L J 1036 Result: Application allowed Judgment ORDER This application under section 497/498., Cr. P. C. Seeks the cancellation of bail of the respondents which was granted to them by the Additional Sessions Judge, Lyallpur, after they were committed to the Court of Session to stand trial for offences under section,. 302/34, P. P. C. For having 'murdered Muhammad Nawaz in furtherance of their common intention. The brief facts, of the case are that the three respondents were named in the F. I. R. But upon the investigation of the case, which was conducted by 3/4 officers, their participation in the crime was found doubtful and, therefore, they were placed in column 2 .Of the challan. Upon these facts they were granted bail by the learned Sessions Judge, Lyallpur, on 22-2-1969. But the said order was challenged in. This Court by way of Revision Application (No. 157 of 1969) and the same was dismissed with the following observations :- "The Committing Magistrate should expeditiously examine the eye-witnesses in particular Muhammad Ismail and Nawab. Thereafter Ghulam Muhammad petitioner may make application for cancellation' of bail if so advised." After the above to witnesses were examined by the--commit--ting Magistrate another attempt was made for the cancellation…

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