Find a Lawyer

Criminal Appeal No. 46 in Criminal P. S: L. A. No. 44 of 1972, decided on 15th May 1972.

(On appeal from the order of the Lahore High Court, Lahore, dated the 2nd November 1971, in Criminal Miscellaneous No. 1 of 1971, in Criminal Appeal No. 658 of 1971).

Criminal Procedure Code (V of 1898),

S: 426‑Bail, pending appeal ‑ Appellant convicted under S. 302/149, P. P. C‑Charge of abetment against him made by prosecution witnesses before police, one and a half months after occurrence and this fact not denied by prosecution ‑ Appellant not related to other convicts nor shown to have any apparent motive to participate in crime‑Es facie, on facts, appellant, held, entitled to relief of bail.

Major Waheed‑ud‑Din Virk, Advocate Supreme Court instructed by Rana Maqbool Ahmad Qadri, Advocate‑on‑Record for Appellant.

M. A. Bajwa, Advocate Supreme Court instructed by Sh. Ijaz Ali, Advocate‑on‑Record for the State.

Date of hearing : 15th May 1972.

Elahi BakhsH, appellant herein, is one of the six persons, who were convicted by the Sessions Judge, Sahiwal, for having committed five murders of members of the same family in Pakpattan on the night between the 18th and 19th of June 1966. The appellant's Appeal No. 658 of 1971/Murder Re ference No. 198 of 1971 is pending in the Lahore High Court. An application on behalf of the appellant was moved in the High Court under section 426, Cr. P. C., which has been dismissed, leading to a petition to this Court for Special Leave to Appeal.

The appellant was found guilty by the learned Sessions Judge for abetment of the aforesaid murders under sec tion 302/149, P. P. C. for which he has been sentenced to transportation for life.

It was argued by the learned counsel for the appellant that the charge of abetment against the appellant was made by the prosecu tion witnesses before the police one and a half months after the occurrence. This fact is not denied by the learned counsel, who has appeared for the State. Further, it appears that although in the F. I. R. the appellant was also stated to be one of the suspects: who had allegedly committed these murders, he is not shown to be related with the other convicts, and had apparently no motive to participate in this crime.

Without prejudice to the merits of the appellant's case. which have to be determined in appeal by the High Court, we consider that Ex facie on the facts, as stated, the appellant should have been given relief of interim bail under section 426, Cr. P. C.

We had converted the petition for Special Leave to Appeal Into an appeal after issuing notice to the State counsel, and we are deciding it as such.

The appeal is accepted and the appellant is alloyed interim bail to the satisfaction of the Assistant Commissioner, Pakpat tan, during the pendency of the appeal in the High Court.

Appeal accepted.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.