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Criminal Petitions Nos. 58, 59 and 79 of 1986, decided on 4th June, 1986.

(On appeal from the judgment, dated 18‑1‑1986 and 17‑12‑1985 Criminal Miscellaneous Nos. 638/85 637/85 and 545/85 of the Lahore High Court, Lahore).

‑‑‑S. 497(5)‑‑Penal Code (XLV of 1860), S. 302/34‑‑Bail‑‑Petition for cancellation of bail‑‑Discretion exercised by High Court in granting bail neither illegal nor arbitrary‑‑One of petitions for cancellation of bail time‑barred‑‑Interference declined by Supreme Court.

Sh. Masud Akhtar, Advocate‑on‑Record for Petitioners (in all the Petitions).

Sh. Shaukat Ali, Senior Advocate Supreme Court for Respondent No. 1 (in Civil Petition No. 58/86).

M. Ghani, Advocate Supreme Court and Ch. M. Aslam, Advocate -on‑Record for Respondent No. 1 (in Civil Petition No. 59/86).

Malik Saeed Hasan, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Respondent No. 1 (in Civil Petition No. 79/86).

Mian Nusratullah, Senior Advocate Supreme Court for the State (in all the Petitions).

Date of hearing: 4th June, 1986.

‑‑This order will dispose of the abovementioned three criminal petitions, as they have all arisen in relation to the same incident.

Hameed Masih (respondent in Criminal Petition No. 58 of 1986), Muhammad Iqbal (respondent in Criminal Petition No. 59 of 1986), Muhammad Afzal (respondent in Criminal Petition No. 79 of 1986) and one Arshad Mahmood were tried by the Additional Sessions Judge. Gujranwala for the murder of Muhammad Jameel. All the four accused were found guilty and convicted under section 302/34, P.P.C. and sentenced to imprisonment for life. The convicts filed appeals before the Lahore High Court and also applied under section 426, Cr.P.C. for suspension of sentence during the pendency of the appeals.

A learned Single Judge of the Lahore High Court has, by separate orders passed on different dates, suspended the sentence of Hameed Maseeh, Muhammad Iqbal and Muhammad Afzal and granted them bail. Arshad Mahmood's prayer for suspension of sentence was, however, rejected. By these three petitions, cancellation is sought of the bail granted to Hameed Maseeh (Criminal Petition No. 58 of 1986), Muhammad Iqbal (Criminal Petition No. 59 of 1986) and Muhammad Afzal (Criminal Petition No. 79 of 1986).

We have heard learned counsel of all the parties at some length and have carefully considered the whole matter. We find that the learned Judge in the High Court has not exercised the discretion allowed to him in this behalf either illegally or arbitrarily.

Furthermore, the petition (Criminal Petition No. 79 of 1986) fort cancellation of bail granted to Muhammad Afzal is also time‑barred.

All the three petitions are dismissed.

M. Y. H. Petitions dismissed.

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