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LAI KHAN versus STATE


Article 185 (3) Criminal Code of Conduct (V9 1898), Articles 497 and 498 Guaranteed Penis (XLV of 1860), Sections 307/149 and 147/148 of the accused applicant at the head of the detainee with the opposite direction. Cited as grief-stricken and one of them declared life-threatening, accused denied bail, High Court arranged, denied leave of appeal

1984 S C M R 412 (2)

Present : Muhammad Haleem, Actg. C. J., Aslam Riaz Hussain, Muhammad Afzal Zullah and M. S. H. Quraishi, JJ

LAL KHAN‑Petitioner

Versus

THE STATE‑Respondent

Criminal Petition for Special Leave to Appeal No. 80‑R of 1983, decided on 23rd November, 1983.

(Against the order of the Lahore High Court (Rawalpindi Bench), dated 5‑6‑1983, passed in Criminal Miscellaneous No. 260‑B of 1983).

Constitution of Pakistan (1973)‑--

--Art. 185(3)‑‑Criminal Procedure Code (V of 1898), Ss. 497 & 498‑Bail ‑ Penal Coda (XLV of 1860), Ss. 307/149 & 147/148--Accused‑petitioner attributed hatchet blows from its reverse side on heads of deceased found to be grievous and one of them declared dangerous to life‑Rejection of bail to accused, by High Court‑Held, justified‑Leave to appeal refused.

Kh. M. Y. Saraf, Advocate Supreme Court and Khan Imtiaz Muhammad Khan, Advocate‑on‑Record for Petitioner.

Nemo for the State.

Date of hearing: 23rd November, 1983.

ORDER

ASLAM RIAZ HUSSAIN, J.‑

Lal Khan petitioner has sought leave to appeal against the order of the learned Single Judge of the Lahore High Court, Rawalpindi Bench, Rawalpindi, dated 5‑6‑1983, dismissing his bail application. He is accused alongwith 6 others of offences under sections 307/149 and 147/148, P. P. C. He has been attributed hatchet blows from its reverse side to Aslam complainant as well as Khadim Hussain, P. W. on their heads. Both the injuries were found to be grievous and one of these was declared) to be dangerous to life. The High Court was, therefore, justified in rejecting, his bail application.

We do not, therefore, consider it a fit case for grant of leave. The petition is consequently dismissed.

S. Q. Petition dismissed.

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