Lawyers Directory Listing
Chat with us free on WhatsApp — tell us your city and legal matter and our team connects you with the right lawyer. No form, no fee.
Petition for Special Leave to Appeal No. K‑46 of 1974, decided on 13th September 1974.
(On appeal from the judgment and order of the High Court of Sind & Baluchistan, Karachi, dated the 20th June 1974, in Bail Application No. 787 of 1973).
‑‑ Ss. 302 & 148 read with S. 149‑Murder‑Commission of offence by member of unlawful assembly‑Fact of deceased being attacked and killed at accused petitioner's instance‑Sufficiently shown by material on record‑High Court's observa tion that petitioner would prima facie be vicariously liable by application of S. 149 and as such cancelling bail granted to petitioner, held, perfectly justified.
M.I. Memon, Advocate‑on‑Record for Petitioner.
Nemo for the State.
Date of hearing : 13th September 1974.
‑The allegation against the petitioner is that he incited the other accused persons and a hatchet blow was given by Kauro accused at his instigation. On this allegation, a case was registered against him under sections 302, 148 read with section 149, P. P. C. He moved for bail and was granted bail by the learned Sessions Judge, Sangarh. On the 6th November 1973, Ghulam Rasul Shaikh, J. issued notice to the petitioner to show cause why his bail should not be cancelled.
In pursuance of this notice, the petitioner appeared and a learned Single Judge of the High Court of Sind & Baluchistan, Karachi, by order dated the 20th June 1974, cancelled his bail. The petitioner seeks permission to file an appeal against the said order.
After hearing the learned counsel for the petitioner, we are satisfied that there is sufficient material to show that it was at the instance of the petitioner that the deceased was attacked and killed. On this fact, the High Court was perfectly justified in observing that the petitioner prima facie would be vicariously liable by reasons of the application of section 149, P. P. C. In that view of the matter, there is no ground to interfere. The petition is dismissed.
Petition dismissed.
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer