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Criminal Petition No. 16-R of 1980, decided on 4th May, 1980.
(On appeal from the order dated 3rd March, 1980 of the Lahore High Court at Lahore in Criminal Miscellaneous No. 544/S-1980).
-- Ss. 497 & 498 read with Constitution of Pakistan (1973), Art. 185(3) Accused although attributed role of causing fatal blow to deceased yet High Court after considering all relevant facts and circumstances of case granting bail-Case, held, not fit for interference with exercise of discretion by High Court-Penal Code (XLV of 1860), S. 302.
Sh. Zafar Mahmood, Senior Advocate Supreme Court instructed by Ch. Akbar Ali, Advocate-on-Record for Petitioner.
Mohammad Aslam, Advocate Supreme Court for Respondents.
Nemo for the State.
Date of hearing : 4tb May, 1980.
.-Leave to appeal is sought from an order dated 3-3-1980 of the Lahore High Court, whereby bail was allowed to the respondent in a case which is stated to be of murder.
In an occurrence which took place on 30-10-1978 both the parties suffered numerous injuries. The learned Sessions Judge while granting bail to the co-accused of the respondent refused the same concession to him on the ground that he was attributed the vital role of causing fatal blow to Waqar Ahmad, the son of the petitioner who died about two months subsequently on account of wounds thus suffered by him. A learned Single Judge in the High Court noted the number and nature of the injuries on both the sides and keeping in view the background allowed bail to the respondent also.
Learned counsel has highlighted the facts that the respondents had given the fatal blow to the deceased and further that the injuries suffered by the accused party in this case had been sufficiently explained by the petitioner when lodging the F. I. R. He has also contended that it was not a case of further enquiry and that even if it was, respondent should not have been allowed the concession of bail. After hearing the learned counsel we do not find it a fit case to interfere with the exercise of the discretion by the High Court as all relevant facts and considerations were noted. This petition has no force and is accordingly dismissed.
Petition dismissed.
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