In the case of Nadara v. Jamait Khan and another — 1968 PLD 310

Citation: 1968 PLD 310

Court: Lahore High Court

Year: 1969

Decision Date: 1969-04-18

Parties: AKBAR DIN AND 2 OTHERS vs THE STATE

Headnotes

At the same time the person permitted for trial may in an exceptional case be allowed bail if the evidence produced before the Inquiry Magistrate prima facie makes out that reasonable grounds do not appear for believing that he had been guilty. There is a seemingly incongruity between an order committing an accused person for trial and framing a charge against him and the view formed by the Sessions Judge or the High Court that for the.

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Afzal Zullah Title: AKBAR DIN AND 2 OTHERS vs THE STATE Case No.: Criminal Miscellaneous No. 885 of 1969 Date of Judgment:1969-04-18 Reported As: 1970 P Cr. L J 559 Result: Bail allowed JUDGMENT JUDGMENT Three persons, namely, Akbar Din, Habib Ullah and Saif Ullah, have applied for bail under section 498, Cr. P. C. In a murder case. The question of bail relating to Muhammad Akram, a co-accused of the petitioner, has earlier been, considered by this Court in Crl. Misc. 1003 of 1968. It was held that he (Muhammad Akram) was entitled to bail. 2. The allegations, briefly, are that Abdul Aziz complainant and one Akbar are brothers. They had joint lands. The allegation further goes that they had privately partitioned that land. There were some shisham trees standing on the common banna which were cut by the sons of Akbar Din accused. Abdul Aziz and his sons, i. e. Amanat Ali, Rehmat Ali and Karamat Ali objected to it. A fight ensued in which both the parties were injured. Karamat Ali died as a result of blunt weapon injuries on his head. Muhammad Akram, accused who has already been released on bail, and Akbar Din petitioner were carrying dangs while Habib Ullah and Saif Ullah petitioners were carrying hatchets. The latter two petitioners are said to have used the blunt side of their hatchets. The fatal injuries on the head of the deceased, admittedly, could not be caused by all the four accused persons. 3. The learned Additional…

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