MUHAMMAD SARWAR Versus STATE

ORDER

1. This is an application seeking cancellation of bail allowed to the respondent Pervaiz Iqbal by the learned Special Court constituted under the Suppression of Terrorist Activities Act 1975, vide order, dated the 24th of April 1996. Respondent was accused of offence under section 302/324/34, P.P.C. for having committed the murder of Qutab Ali. The learned trial Judge observed that the parties were locked in blood‑feed, and according to the tentative assessment of the evidence, there was conflict between the medical evidence and ocular account. Furthermore, during the investigation conducted by the local police and verified by the D.S.P., the respondent was declared to be innocent, and thus, his name was placed in Column No.2 of the challan. At one stage the challan was submitted in Court but subsequent thereto, third investigation was also conducted by A.S.P. according to which, respondent was not seen at the time of occurrence. In this view of the matter, we are of the view that the discretion was rightly exercised by the learned Special Judge, and no exception can be takers thereto. Hence this petition is hereby dismissed.

2. H.B.T./M‑390/L. Petition dismissed.