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Criminal Petition for Special Leave to Appeal No. 291 of 1967, decided on 6th December 1967.
(On appeal from the order of the High Court of West Pakistan, Lahore, dated the 9th October 1967, in Criminal Miscellaneous No. 1 of 1967/Criminal Revision No. 1065 of 1967).
Ss. 416 & 498‑Bail --Accused appellant A found armed with rifle and complainant found struck by bullet‑Co‑accused appellants B & C found to have carried shot guns but no injury caused by pellets suffered by complainant‑High Court granting bail to B & C but refusing to A‑Refusal to grant bail, held, rested on a point of distinction.
S. Wajid Hussain, Senior Attorney Supreme Court for Petitioner.
Nemo for the State.
Date of hearing: 6th December 1967
.‑The petitioner stands convicted under section 307/34, P. P. C. and sentenced to rigorous imprisonment for four years. The High Court while admitting the revision petition filed against conviction and sentence has refused bail to him, but allowed bail to two of his co‑accused.
It is urged that there was no apparent ground to distinguish between the case of the petitioner and the co‑accused who have been granted bail. The petitioner alone was armed with a rifle and the complainant was found to have been struck by a bullet. The other two accused carried shot guns, but no injury caused by pellets was suffered by the complainant. There was thus a point of distinction on which the refusal to grant bail to the petitioner rests.
The petition for leave to appeal is dismissed. .
Petition dismissed.
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