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Civil Petition for Special Leave to Appeal No. 54‑R of 1975, decided on 11th December 1975.

(on appeal from the order of the Lahore High Court, Lahore date the tat of July 1975, in Criminal Miscellaneous No. 2318/B of 1975).

-----Art. 187 read with Criminal Procedure Code (V of 1898), S. 498‑Bail, cancellation of‑Occurrence found' by High Court to be a sudden flare up and not possible to state whether respondent accused shared common intention with other accused to kill deceased ‑ Allegations tentatively supporting finding of High Court‑No impropriety, held, in High Court's order enlarging respondent accused on bail‑Material coming on record sustaining pre-concert in action of both accused competent authority will justifiably consider consideration of cancellation of bail in future.

Awan Muhammad Hanif Khan, Advocate Supreme Court instructed by Rana Maqbool Ahmad Qadri, Advocate‑on‑Record for Petitioner.

Hakim Sardar Muhammad, Advocate Supreme Court for Respondents.

Date of hearing : 11th, December 1975.

This is a petition for special leave to appeal from the order of the learned Single Judge of the Lahore High Court, dated the 1st July, 1975, by which the first respondent was enlarged on bail.

The first respondent along with Najib Hussain were accused of having committed murder of Bashir Ahmad to his wheat field at 10‑00 a.m. on 14th April, 1974 in regard to which an F. I. R. was lodged by the petitioner at Police Station Khatian, District Gujrat. It was alleged that while the petitioner and the deceased were harvesting the wheat crop in their field, Najib Hussain and the first respondent took their donkey which was loaded with cut wheat sticks across the field, upon which the deceased protested as to why they were damaging his wheat crop. Najib Hussain thereupon unloaded the donkey and took out a hatchet from the load and gave a blow with it on the head of the deceased who fell down. The first respondent gave a sota blow on his head while Najib again gave a hatchet blow followed by Sultan, who gave another sota blow. The deceased was thereafter taken .to the hospital but be died the next day. The first respondent and Najib Hussain were taken into custody and both of them applied for bail on the ground of delay in the conclusion of the inquiry proceedings. It was also urged that is was a sudden flare up and at this stage it was not possible to state as to whether the first respondent shared the common intention with Najlb Hussain to kill the deceased. This reason weighed with the learned Single Judge who enlarged him on bail. It is now contended that It was not a sudden fight but the first respondent and Najib had a tiff earlier with the deceased over the removal of cut gram crop from the 'khilyan of the deceased and they were out to find out a reason to kill him. At this stage it is not possible to say whether the first respondent and Najib Hussain bad come with design to kill the deceased for the allegations tentatively support the finding of the learned Single Judge. If after evidence is recorded, material comes on record to sustain that both of them acted with pre‑concert then the competent Court would be justified to consider the cancellation of bail, but for the present we do not find any impropriety in the order. The petition is dismissed.

Petition dismissed.

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