Find a Lawyer

Criminal Petition for Special Leave to Appeal No. 233 of 1978, decided on 13th July, 1978.

(On appeal from the order dated 21-5-1978 of the Lahore High Court passed in Cr. Mist. No. 480/B of 1978).

-- S. 497/498-Bail-High Court after elaborate discussion of all relevant factors reaching conclusion of petitioner being not entitled to bail and such view not held in arbitrary or perverse exercise of discre tion--Fatal shot attributed to petitioner and premature at leave to appeal stage to go into aspects urged on behalf of petitioner-Petition dismissed.

Ch. Muhammad Farooq, Advocate Supreme Court and Sh.Abdul Karim, Advocate- on-Record for Petitioner.

Nemo for the State.

Date of hearing : 13th July, 1978.

This petition for leave to appeal is directed against the order of the Lahore High Court refusing, to admit the petitioner to bail in a case under sections 302, 307, 148 and 149, P. P. C., registered at Police Station, Sadar, Wazirabad, dated 19-10-1974. According to the First Informa tion Report the petitioner is stated to be armed with a rifle and the fatal shot has been attributed to him.

The petitioner submits that of the several persons accused in the F. I. R. Manzoor Hussain, Sardara, Allah Ditta and Allah Rakha had been allowed bail. Manzoor Hussain was placed in Column No. 2 of challan by the Police after he led evidence to prove his alibi before the Investigating Officer. The prosecution case is, therefore, belied and so far as the petitioner is concerned, it is a case of further inquiry, entitling him to the grant of bail. It is also submitted that the injuries mentioned in the post-mortem report are not consistent with the description of injuries given in the F. I. R. Besides according to the F. I. R., two persons are said to be armed with rifles, whereas only one rifle was recovered. It is finally submitted that the petitioner has been in the judicial lock-up and his trial is not expected to start very soon.

We have considered these submissions, but are not inclined to interfere. The learned Judge in the High Court, after elaborate discussion of all the relevant factors, reached the conclusion that the petitioner was not entitled to bail and it cannot be said that in doing so he exercised his discretion arbitrarily or perversely. The fatal shot has been attributed to the ' petitioner and it would be premature to go into the aspects which the learned counsel for the petitioner has urged before us.

This petition, therefore, fails and is dismissed.

Petition .dismissed.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.