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Criminal Petition No. 147 of 1983, decided on 30th April, 1983.

(From the order, dated 16th March, 1983 passed by the Lahore High Court in Crl. Misc. No. 348/B of 1983).

--Art. 185(3)‑Penal Code (XLV of 1860), S. 307‑‑Criminal Procedure (V of 1898), S. 497‑All accused acting in concert in pursuance of pre‑planned design and had all come each armed with a chhuri‑Cancellation of bail, held, justified...‑Leave to appeal refused.

Ch. Muhammad Abdul Wahid, Advocate Supreme Court instructed by Mehmood A. Qureshi, Advocate‑on‑Record for Petitioners.

Nemo for Respondents.

Date of hearing : 30th April, 1983.

Muhammad Hanif co‑accused and Mushtaq and Muhammad Iqbal petitioners allegedly attacked Shahzad Akhtar complainant and his brother Muhammad Ashfaq deceased with chhuris on 27‑8‑1982 at 6‑00 p.m. in the course of which the deceased received a fatal blow and the complainant an injury, at the hands of Muhammad Hanif co‑accused, while Shamshad, P. W. who had tried to intervene received a chhuri blow each from the two petitioners. The petitioners were allowed bail by the Additional Sessions Judge on the ground that the fatal blow was not attributed to them but on an application made by the complainant, the High Court cancelled their bail by its impugned order dated 16‑3‑1983. The High Court held the view that all the accused had acted in concert in pursuance of a pre‑planned design and that they had all corpe each armed with a chhuri.

2. After hearing learned counsel, we do not find any valid ground to justify an interference with the view taken by the High Court. The petition is, therefore, dismissed.

M. Z. M.

Petition dismissed.

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