LAL DIN vs MOHAMMAD MALIK AND 4 Others Case No — 1973 PCRLJ 624

Citation: 1973 PCRLJ 624

Court: Lahore High Court

Year: 1968

Decision Date: 1968-11-24

Parties: LAL DIN vs MOHAMMAD MALIK AND 4 Others

Headnotes

624 Result: Petition partly accepted Judgment ORDER This is an application for cancellation of bail granted to the respondents by the learned Sessions Judge, Sialkot, on the 18th of January 1968 in a case under section 302/34, P. The applica--tion for cancellation of bail of the respondents was moved by Lal Din father of the deceased person and was supported by the counsel who appeared on behalf of the State.

Judgment Text

Court Name: Lahore High Court Judge(s): Bashir-ud-Din Ahmad Title: LAL DIN vs MOHAMMAD MALIK AND 4 Others Case No.: Criminal Miscellaneous No. 1418 of 1968 Date of Judgment:1968-11-24 Reported As: 1973 P Cr. L J 624 Result: Petition partly accepted Judgment ORDER This is an application for cancellation of bail granted to the respondents by the learned Sessions Judge, Sialkot, on the 18th of January 1968 in a case under section 302/34, P. P. C. The applica--tion for cancellation of bail of the respondents was moved by Lal Din father of the deceased person and was supported by the counsel who appeared on behalf of the State. The learned Sessions Judge while granting bail to the respondents observed that initially they were bailed out by the Ilaqa Magistrate but subsequently when the challan under section 302/34, P. P. C. Was submitted against them the Magistrate proceeded to cancel bail. The learned Judge further observed that Muhammad Din who lodged the report did not claim to be an eye-witness to the occurrence in which Bashir was put to death by the respondents. Counsel for Lal Din petitioner submitted that as the respondents have been committed to Court of Session for trial on a charge under section 302/34, P. P. C. They are not entitled to the concession of bail. It is also submitted that the ground which prevailed with the learned Sessions Judge that Muhammad Din was not an eye-witness to the occurrence, was untenable as it is not necessary for the first maker of the…

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