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Criminal Petition for Special Leave to Appeal No. 75 of 1972, decided on 6th July 1972.
(On appeal from the judgment and order of the Lahore High Court in Criminal Miscellaneous No. 368/B of 1972, dated the 23rd February 1972).
Criminal Procedure Code (V of 1898), S. 498 ‑ Bail in non‑bailable offence‑Proclaimed offenders hiding in a house Police party surrounding house in order to effect arrest‑Firing, between beleaguered fugitives and police party, resulting in death of one‑Person arrested on spot along with others refused bail by High Court‑Order refusing bail not interfered with by Supreme Court.
Maqsood Hassan, Advocate Supreme Court instructed by Sh. Masood Akhtar, Advocate‑on‑Record for Petitioner.
Nemo for the State.
Date of hearing : 6th July 1972.
The petitioner has been implicated in a case under sections 30 2, 307, 148/ 149, P. P. C. and is in the judicial lock‑up since 16th February 1972. According to the First Information Report, secret information was received that Fazal Dad and Jahangir proclaimed offenders were present in the house of Asghar, situated in village Gidar Kot. A raiding party was formed. Ch. Khan and Muhammad Amin Constables, who were also the members of the raiding party, reported that 11 persons including Ali Muhammad petitioner were present in the house of Ghulam Qadir. The said house was surrounded by the police party. Chaudhry Khan and Muhammad Amin Constables climbed the ladder in order to bolt the door of the choubara in which the said persons were present. Mst. Ghulam Fatima and Mst. Hakim Bibi who were present in the courtyard informed the accused that the police had arrived. Fazal Dad fired a shot at Muhammad Amin and Muhammad Ashraf and others also fired at him. Jahangir also fired a shot on Choudhry Khan Constable but he could not be hit. Khalid gave butt blow to Choudhry Khan Constable. The accused threw hand grenade and opened firing at the police party and the police party also made firing. As a result of police firing. Ghulam Hussain died Ghulam Rasul, Ghulam Nabi and Muhammad Akram and' the petitioner were arrested at the spot while other accused ran away.
The petitioner applied for bail to the learned Sessions Judge, Gujrat which was rejected on the 6th April 1971. Thereafter he moved three applications for bail in the High Court but they were also rejected. The petitioner seeks permission to file an appeal against the said orders.
Mr. Maqsood Hassan, learned counsel for the petitioner, has contended that there is delay in the commitment proceedings and the petitioner is entitled to be released on bail. He further submitted that the petitioner is an old man of about 80 years and a respectable citizen who had never committed any offence in his whole life. It is contended that there is no evidence against the petitioner that he was in the house with a criminal motive or intention or that he was a member of unlawful assembly.
Without going into the merits of the case, we are satisfied that the High Court has exercised the discretion vested in it properly. The petitioner was arrested from the house. In those circumstances, the bail was rightly refused to him. The petition is dismissed.
Leave refused.
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