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Criminal Petition for Special Leave to Appeal No. 119 of 1986, decided on 23rd June, 1986.
(Against the judgment of the Lahore High Court, Lahore, dated 1‑3‑1986 passed in Criminal Miscellaneous No. 34‑B of 1985).
‑‑‑Art. 185(3)‑‑Criminal Procedure Code (V of 1898), S.498‑‑Bail‑ Cancellation of‑‑Respondent, along with co‑accused involved in murder case was refused bail by Sessions Judge on ground that nature of offence committed by him was "an outstanding example of extreme lawlessness in total disregard of Law Enforcing Agencies"‑‑High Court allowed bail mainly on ground that fatal shot was attributed to another accused‑‑Supreme Court, on considering facts and circumstances of case and material on record, formed view that reasoning of High Court for grant of bail was not tenable and accused‑respondent did not deserve to be released on bail‑‑Petition converted into appeal and allowed‑‑Bail cancelled.
Hanif Khatana, Advocate Supreme Court for Petitioner.
Hassan Ahmad Khan Kanwar, Advocate Supreme Court and S.Inayat Hussain, Advocate‑on‑Record for Respondents.
Mian Ataur Rehman, Advocate‑on‑Record for the State.
Mst. Fazeelat Bibi, widow of Bashir Ahmad has filed this petition for leave to appeal against the grant of bail to Karam Khan (respondent No. 1), by a learned Single Judge of the Lahore High Court, vide its order, dated 1‑3‑1986.
2. We have heard the learned counsel for the petitioner and gone through the relevant portion of the evidence on the record. The prosecution version is that there was old hostility between Bashir Ahmad (deceased) and the accused party. Bashir Ahmad was involved in a criminal case for the murder of a member of the accused‑respondent party. He had been taken by two police constables namely Muhammad Saeed and Muhammad Ilyas, for producing him in the Court of Assistant Commissioner, Shakargarh, in connection with his trial. After the hearing he was being transported back in a wagon. When it reached Bus Stop Manzoorpura Plot, where some passengers got down from it, all of a sudden the accused persons including Karam Khan respondent No. 1 came in front of the wagon and forced Bashir Ahmad (deceased) and the two police constables to come out. All the three persons got down from the wagon and the accused‑respondents placed guns at the necks of the police guards and snatched away their rifles. Although. Bashir Ahmad was in hand‑cuffs, yet he managed to escape and ran into the house of his father which was situated nearby. The accused pursued him, broke open the house and killed him. The accused were subsequently arrested and applied for grant of bail which was refused to them by the learned Sessions Judge, Sialkot. The High Court, however, granted bail to Karam Khan respondent No. 1.
3. The main ground for granting bail to the respondent was that the accused are said to have come in two batches and that Karam Khan has come in the second batch and the fatal shot was attributed to Zafar Khan accused.
4. On considering the facts and circumstances of the case and the material on the record we are of the view that the reasoning of the High Court in this case for grant of bail to the respondent is not tenable. Even otherwise, considering the nature of the offence committed by the accused‑respondent as described by the learned Sessions Judge, Sialkot, while refusing bail to the accused, It is an outstanding example of extreme lawlessness in total disregard 9f the Law Enforcing Agencies'. We feel that the respondent in this case did not deserve to be released on bail.
5. In view of the above discussion we convert this petition into appeal and allow the same.
The bail granted to Karam Khan respondent is, therefore, cancelled and he shall be taken into custody forthwith.
M.I. Appeal allowed.
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