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Petition for Special Leave to Appeal No. 303 of 1967, decided on 5th December 1967.
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 10th November 1967, in Cr. Misc. No. 4937 of 1967).
Ss. 497 & 498‑Bail High Court granting bail‑Consideration that no overt act in committing offence was attributable to accused ‑ High Court not shown to have exercised discretion in violation of any principle of law‑Petition to Supreme Court for special leave to appeal dismissed.
Muhammad Jafar Malik, Advocate Supreme Court instructed by Abdul Karim Sheikh, Attorney for Petitioner.
Nemo for Respondents.
Date of hearing: 5th December 1967.
‑The petitioner seeks leave to appeal from the order of the High Court granting bail to Ghulam Shabbir and Allah Ditta, respondents, who along with 8 others have been challaned under section 302 read with section 149, P. P. C. for the murder of one Sawan.
The consideration which prevailed with the learned Judge in the High Court in granting bail was that no overt act in causing the death of Sawan deceased was attributed to either of the respondents and that one of them was studying in M. A. class and the other was an employee of the District Board.
It cannot be said that the learned Judge has acted in breach of the provisions of section 498, Cr. P. C. or exercised his discretion in granting bail to the respondents in violation of any principle of law to call for interference by this Court.
The petition is dismissed.
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