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Criminal Petition for Special Leave to Appeal No. 178 of 1978, decided on 8th June 1978.

(On appeal against the judgment and Order dated 16th April 1978 of the Lahore High Court in Criminal Miscellaneous No. 1306‑B of 1978).

Criminal Procedure Code (V of 1898)‑

‑‑ Ss. 497 & 498‑Bail‑Fatal injuries allegedly not caused by accused petitioner ‑ Petitioner a man 75 years old, having very weak eye‑sight‑Question whether accused could participate in crime at night time in such circumstances yet to be determined‑Prima facie, held, question whether petitioner participated in crime required further inquiry and bail in circumstances allowed.

Sardar M. Latif Khan, Advocate Supreme Court and Iqbal Ahmad Qureshi, Advocate on‑Record for Petitioner.

Ataur Rahman, Advocate Supreme Court and I. Ali, Advocate‑on‑Record for the State.

Date of hearing : 8th June 1978.

WAHEEDDUDIN,J

A complaint was lodged at P. S. Garh on 14‑8‑77 at 6 a. m. alleging that at midnight the deceased

Abdul Jabbar went inside the house of Ahmad Ali in order to meet Mst. Haleema with whom he had developed illicit relations and' was given injuries by the petitioner as a result of which he died.

The defence contention is that the injuries had been attributed to Ahmad and Ghulam petitioner had given simple injuries with sota and that the case against the petitioner is the result of enmity. The learned Sessions Judge by order dated 27‑2‑78 rejected the bail application of the petitioner and others on the ground that it was not a fit case for bail.

The matter was then taken to the Lahore High Court in Cr. Misc. 1306/13 of 1978 and a learned Single Judge by Order dated 16‑4‑78 dismissed the petition on the ground that offence with which the petitioner has been charged is punishable with life imprisonment. The petitioner seeks permission to file an appeal against the said Order. Notice was issued in this case to the State on 1‑6‑1978.

This petition is converted into an appeal, and will be disposed of accordingly.

Mr. M. Latif Khan Khosa, the learned counsel for the petitioner has taken us through the F. I. R., and alleged that the only allegation against the peti tioner is that be was armed with a sota and he attacked Abdul Jabbar with that sates. According to him, the fatal injuries were not caused by him. He further contended that the petitioner is a man 75 years old. He has extremely weak eye sight and it is yet to be determined whether he could participate in the crime at night time,

Prima jack, the question whether the petitioner participated in the crime requires further inquiry. We would, therefore, allow the appeal and allow the petitioner bail in the sum of Rs. 10000 with one surety in the like amount to the satisfaction of the Assistant Commissioner, Faisalabad. , In the result, the appeal is accepted.

Appeal accepted.

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