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Petition for Special Leave to Appeal No. 220 of 1967, decided on 2nd October 1967.

(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the l8th July, 1967 in Criminal Appeal No. 448 of 1967 and Cr. M. No. 1 of 1967).

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---High Court while admitting appeal refusing to grant bail-High Court in refusing bail found not to have exercised discretion properly, in circumstances of case--Bail allowed Leave to appeal granted-Criminal Procedure Code (V of 1898), S. 497-Constitutiod of Pakistan (1962), Art. 58 (3).

S. M. Almas Ali, Advocate Supreme Court instructed by S. Wajid Hussain, Attorney for Petitioners.

Nemo for Respondent.

Date of hearing: 2nd October 1967.

--These nine petitioners have been convicted under sections 148 and 302, Part II, read with section 149 of the Pakistan Penal Code, and sentenced to rigorous imprisonment for five years each by a section 30 Magistrate. The High Court while admitting their appeal rejected the prayer for bail.

The learned counsel has submitted that on the facts, evidence and circumstances of the case the learned Magistrate was not justified in coming to the conclusion that the petitioner Ramzan while resisting abduction of his wife had exceeded right of private defence in inflicting injuries on the thighs of Ahman deceased and that the learned Magistrate had totally failed to record any finding as to how the other petitioners had exceeded right of private defence.

His contention that the learned Single Judge in refusing to grant bail has not exercised his discretion properly and judicially, is not, therefore, without any substance. We accordingly grant leave to appeal as prayed. The petitioners will be released on bail to the satisfaction of the District Magistrate, pending disposal of the appeal.

Petition allowed.

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