Dr. WALI MUHAMMAD vs The STATE and 4 otherss — 1972 PCRLJ 732

Citation: 1972 PCRLJ 732

Court: Sindh High Court

Year: 1971

Decision Date: 1971-11-16

Parties: Dr. WALI MUHAMMAD vs The STATE and 4 otherss

Headnotes

Case cited as 1972 PCRLJ 732

Judgment Text

Court Name: Sindh High Court Judge(s): Tufail Ali A. Rehman Title: Dr. WALI MUHAMMAD vs The STATE and 4 otherss Case No.: Criminal Miscellaneous* Application No. 363 of 1971 Date of Judgment:1971-11-16 Reported As: 1972 P Cr. L J 732 Result: Application dismissed Judgment ORDER The respondents in this case along with one Mukhtar are facing an enquiry before the learned Civil Judge and F. C. M., Mehar for the offence of murder. Although bail was refused to them by the committal Court the learned Sessions Judge has, by the impugned order, granted them bail. 3. The main reason that weighed with the learned Sessions Judge in granting them bail is that there was admittedly, in the club a marriage going on and that there was a considerable number of persons present and, therefore, it could not be said with any certainty that persons who were seen there were necessarily a part of the group with the accused Mukhtar or that in any case they could be acting in concert so as to attract the provisions of section 34. In view of the entire facts of the case I would not feel disposed to interfere with the order of the learned Sessions Judge as I can do so only by expressing an opinion at this stage, which will be premature, that upon the evidence not only the presence of the respondents is established but also the fact that they were acting as one party with the accused Mukhtar so as to make them liable under section 34 of the Pakistan Penal Code. 4. The learned counsel for the applicant…

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