KHUSH MALIK Versus State Sharif Ahmed

ORDER

1. The petitioner was allowed bail by learned Sessions Judge Gilgit in a case initially registered under section 302, P.P.C., in which subsequently Police charged the offence under section 322, P.P.C. The bail was recalled by the Chief Court with observation that prima facie, the case would fall within the ambit of section 302, P.P.C.

2. The petitioner after cancellation of bail by the Chief Court moved a fresh bail application before the learned Sessions Judge Gilgit, which was rejected and Chief Court also dismissed his bail application, hence the present petition before this Court.

3. The learned counsel has submitted that petitioner is innocent and in any case there is reasonable doubt in his guilt and in view of the scope of further inquiry, he may be extended concession of bail. The learned counsel has however, informed us that case is fixed for evidence for today before the trial Court, but there is no chance of early conclusion of trial. The question of guilt or innocence of the petitioner will certainly be decided in the light of evidence but this is not proper for us to dilate upon the merits at this stage lest it may not prejudice the petitioner or prosecution. This petition is therefore disposed of with direction that after recording the material evidence by the trial Court, the petitioner may if so advised repeat his request before the trial Court. Disposed of.

4. M.H./42/Glt. Order accordingly.