Lawyers Directory Listing
Chat with us free on WhatsApp — tell us your city and legal matter and our team connects you with the right lawyer. No form, no fee.
Criminal Petition for Special Leave to Appeal No. 414 of 1984, decided on 16th June, 1985.
(Against the order of the Lahore High Court, Bahawalpur Bench, Bahawalpur, dated 4‑11‑1984, passed in Criminal Miscellaneous No. 1376‑B / BWP of 1984).
‑‑‑Art.185(3)‑‑Criminal Procedure Code (V of 1898), S. 426 Penal Code (XLV of 1860), S. 302/307 149‑‑Suspension of sentence‑‑Conviction under S. 302/307/149, P.P.C.‑‑Co‑accused convicted for same offences, released on bail‑‑Petitioner's application for bail rejected on ground that although he was not attributed injuries to deceased, yet he was additionally convicted under S. 307, P.P.C. for causing injuries to another witness‑‑Fit case for grant of bail‑‑Petition converted into appeal and bail allowed.
Muhammad Anwar Bhinder, Advocate Supreme Court and Mian Ataur Rahman, Advocate‑on‑Record for Petitioner.
Mian Nusratullah, Advocate Supreme Court for the State.
Date of hearing: 16th June, 1985.
.‑‑Karim Bakhsh who is accused alongwith some others in a case under section 302/307/149, P.P.C. was convicted on both the charges. He preferred an appeal against his conviction and sentence and also applied for suspension of his sentence. The last mentioned application was dismissed by the High Court vide the impugned order, dated 4‑11‑1984.
Hence the present petition.
2. We issued notice to the‑State and have heard learned counsel for both sides.
We notice that all the co‑accused who had been attributed injuries to the deceased and were convicted of the same offences as the both have been released on bail under section 426, Cr.P.C. but the petitioner's application for bail was rejected, on the ground that although he was not attributed any injury to the deceased yet he had been additionally convicted under section 307, P.P.C. for causing injuries to Alam Din P. W.
3. Considering all the facts of this case and without making any observation which may prejudice the case of either side he think this is a fit case for grant of bail to the petitioner. We, therefore, convert the petition into appeal, allow the same and grant bail to the petitioner in the sum of Rs.20,000 with two sureties each in the like amount to the satisfaction of Assistant Commissioner, Minchinabad.
M.I. Appeal accepted.
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer