Mst. SHAFTQAN vs HASHIM ALI AND Another

ORDER

1. WAHEEDUDDIN AHMAD, J.- The petitioner's son Akhtar was murdered on 20th July 1971 and Hafiz Niaz Mohammad, Nisar Ahmad, Hashim and Mohammad Anwar were named as accused persons.

2. They (moved an application for bail before the Sessions Judge, Multan, which was rejected on 19th October 1971. Hafiz Niaz Mohammad and Nisar Ahmad filed an application for bail in the Lahore High Court, which was accepted and they were granted bail by a learned Single Judge of the High Court on 20th December 1971. Nisar was subsequently murdered.

3. Hashim A.I and Mohammad Anwar filed a second applica--petition for bail before the learned Sessions Judge which was rejected by the Additional Sessions Judge, Multan, by order dated 31st March 1972. Hashim A.I filed an application for bail before the High Court and he has been granted bail by a learned Single Judge of the Lahore High Court on 5th May 1972. The peti--tioner seeks permission to file an appeal against the said order.

4. After hearing the learned counsel for the petitioner, we area satisfied that the High Court has exercised the discretion vested in it properly. There are counter-versions and it is yet to be seen as to who is the aggressor and whether the respondent has committed and offence punishable with death or transportation for life. It will, however, be open to the petitioner to move the committing Magis--trate for the cancellation of bail after some evidence is recorded. Subject to the above remarks the petition is dismissed.