SHAH NAWAZ Versus AKBAR KHAN

ORDER

1. AWARUL HAQ, J.‑ The petitioner is aggrieved by an order made by a learned Judge of the Lahore High Court on 22‑9‑ 1975, whereby he allowed bail to the respondent, Akbar Khan, in, a murder case, mainly on the ground that it was admitted Oat the respondent has not used his rifle during the incident, and that out of nineteen witnesses; cited in the calendar only ten had been examined so far in tux inquiry proceedings, and the same were likely to take quite a long time.

2. Learned counsel submits that although it was scatted in the F. I. R. that: the respondent did not fire with his rifle, yet he was consistently named as being present throughout the incident, thus sharing common intention with the other accused persons who caused the death of Allah Ditta deceased. It is neat submitted that out of seventeen witnesses, eleven have already been examined in the inquiry proceedings and therefore, it was not g, fit case for allowing bail on account of delay.

3. In view of the facts stated in the F. I. R. the learned Judge in the High Court appears to have exercised his discretion correctly and we see no compelling reason to interfere with the same. We would accordingly dismiss this Petition

4. Petition dismissed.