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Petition for Special Leave to Appeal No. ,132 of 1172, decided on 4th October 1973.
(On appeal from an order of the Lahore High Court, Lahore, made on the 25th of April 1973, in Criminal Miscellaneous No. 1414‑B of 1973).
--‑‑Ss. 498 & 439‑Bail granted to accused by Sessions Judge under S. 498‑Cancellation of bail by High Court- Contention that bail having been granted by Sessions Judge under S. 498, High Court had no power to cancel bail‑Held : High Court has ample power under S. 439 to revise any order passed by subordinate Courts.
Syed Abrar Hussain Naqvi, Advocate instructed by Syed Wajid Hussain, Advocate‑on‑Record for Petitioner.
Nemo for the State.
Date of hearing : 4th October 1973:
The petitioner was granted bail before arrest by the learned Sessions Judge, Rawalpindi , in a case pending against him under section 302/34, P. P. C. for causing the death of one Qasim Mahmood. The bail was, however, cancelled by a learned Single Judge of the Lahore High Court by his order dated 25‑4‑1973.
It is submitted that the High Court has overlooked the fact that the petitioner's name was not mentioned at all in the first information report as being one of the assailants, and that in any case the learned Sessions Judge, having acted under section 498, Cr. P. C., the High Court had no power to cancel the bail. Finally, it is submitted that the injury sustained by the deceased was not the direct cause of his death, which was due to pneumonia brought on by prolonged confinement in bed.
There is no merit in these submissions. In the first information report the petitioner was referred to by the name of Massi, and in the dying state ment made by the deceased it was made clear that the reference was to the present petitioner. It is not for this Court, nor was it for the High Court at this stage, to embark upon an elaborate enquiry in this regard. It is sufficient for the purpose of deciding the question of bail that the identity of the petitioner was reasonably ascertained from the statement made by the deceased person before his death.
As regards the contention that the death was not caused by the injuries sustained by the deceased but by pneumonia, suffice it to say that the learned counsel has overlooked the second explanation to section 299 of the Pakistan Penal Code. In any case, this is again a question which can be determined only at the trial in the light of the medical evidence and the surrounding circumstances of the case.
The contention that the High Court had no power to cancel the bail granted by the learned Sessions Judge under section 498, C,‑. P. C., is clearly misconceived, for the High Court has ample power, under section 439 of the Code, to revise _Any order passed by a subordinate criminal Court.
The petition, accordingly, fails and is hereby dismissed.
Leave refused.
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