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Petitioner: ZAFFAR ABBAS VS Respondent: The STATE
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Cheema, Sheikh Anwarul Haq, Muhammad Gul Title: ZAFFAR ABBAS vs The STATE Case No.: Petition for Special Leave to Appeal No. 36 of 1976 Date of Judgment:1976-02-04 Reported As: 1983 SCMR 780 Result: Bail granted
Judgment ORDER MUHAMMAD GUL, J.-The petitioner alongwith two others is an accused in a case under section 302/34, P. P. C. The other two accused have since been granted bail. An application moved on his behalf for bail had been refused by the High Court vide order, dated 15-1-1976 against which he now seeks leave to appeal. During the argument, we decided to convert the petition into criminal appeal. The appellant is a student of Third year and has been in custody for almost 16 months. The allegation against the appellant is that he fired the fatal shot which killed Muhammad Hayat deceased. But the petitioner's learned counsel pointed out that the crime empty recovered from the spot did not match the gun alleged to have been recovered from the appellant. Learned Assistant Advocate-General did not question the above fact.