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versus


Section 302 and Criminal Code of Conduct (v. 1898), section 497, charged only with inciting murder, bail was granted by order of the High Court, no interference was demanded, no interference was sought. The Supreme Court has refused to appeal the relevant leave.

1968 S C M R 1266

Present : Muhammad Yaqub Ali and Abdus Sattar, JJ

SIRAJ DIN‑Petitioner

versus

DAGGA AND OTHERS‑Respondent

Criminal Petition for Special Leave to Appeal No. 83 of 1968, decided on 20th June 1968.

(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 22nd February 1968, in Criminal Miscellaneous No. 799 of 1968).

Penal Code (XLV of 1860)

---- S. 302 and Criminal Procedure Code (V of 1898), S. 497‑Person, accused only of instigating murder, granted bail by High Court‑Order granting bail, held, did not in circumstance, call for any interference‑Special Leave to Appeal refused by Supreme Court.

Khawaja Sultan Ahmad, Advocate Supreme Court instructed by Masood Akhtar Sheikh, Attorney for Petitioner.

Nemo for Respondents.

Date of hearing : 20th June 1968.

ORDER

MUHAMMAD YAQUB ALI, J.

‑We see no reason to differ with the order of the High Court granting bail to the respondents 1 and 2. They caused no injury to the deceased, but are said to have instigated their companion Aziz who alone caused the fatal injuries to the deceased with a kassi.

It cannot be said that the view taken by the High Court was in breach of the terms of section 497 of the Code of Criminal Procedure to warrant interference by this Court. The petition for leave to appeal is dismissed.

Leave refused.

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