Law:

Section:

Criminal Procedure Code (V of 1898), S. 497-Bail in non-­bailable offence-Accused and his companions acting in prosecu­tion of common object and each vicariously responsible for offence committed by other co-accused-High Court granting bail observ­ing "it is normal habit of complainants in the districts of Punjab to implicate all able-bodied family members of accused so that none in family is left to look after the case"-Held, generality of statement made by High Court was open to question and calcu­lated to prejudice prosecution case-Trial Court directed to proceed with case uninfluenced by observations made by High Court. I. U. Haque, Advocate Supreme Court instructed by Rana Maybool Ahmad Qadri, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing : 18th February 1971. ORDER MUHAMMAD YAQUB ALT, J.-The petitioner seeks leave to appeal from the order of a learned Single Judge of the High Court, Lahore, refusing to cancel the bail granted by him earlier to Muhammad Ashraf, respondent, charged along with others under sections 302, 307 read with sections 148 and 149, P. P. C. The respondent first applied for bail in the High Court being Cr. Misc. No. 2435 of 1970 which was dismissed by another learned Judge on 3-6-1970. On 14-11-1970 the respondents filed a fresh petition for bail being Cr. Misc. No. 8143 of 1970 which was accepted on 3rd December 1970, and bail was granted to respondent No. 1 as he had allegedly raised only a lalkara and had taken no part in the assault on the deceased and his com­panions. Muhammad Sharif, the private complainant instead of approaching the Court against the order granting bail moved the High Court on 14-12-1970 for cancellation of bail inter alia on the ground that the respondent No. 1 was armed with a balam and had caused injuries with it to the petitioner as well as his uncle Dossa, P. W. After causing these injuries he gave a lalkara at which Nazra, co-accused, fired at Bakhsha, deceased, and hit him on the right arm. This was followed by another shot fired by Ghazanfar, accused, which hit him in the chest and killed him on the spot. The plea for cancellation of bail did not find favour with the learned…

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