Law:

Section:

Penal Code (XLV of 1860), S. 302 and Criminal Procedure Code (V of 1898), S. 498-Bail-For purposes of bail, law not to be stretched in favour of prosecution-Benefit of doubt, if any arising, must go to accused-Murder-Alleged eye-witness (lodging F.I. R.) stating before committing Magistrate that accused fired his gun after deceased had fired at accused's companion-Assertion by defence that statements of other eye-witnesses also to same strain and, therefore, possibility of self-defence not ruled out--­High Court, however, without examining evidence of other eye­witnesses, not considering this to be good ground and refusing bail--Petition for Special Leave to Appeal to Supreme Court -Accused directed by Supreme Court to renew his application before Single Judge and High Court advised to consider whole case for purposes of law on data available. M. Yasin Wattoo, Advocate Supreme Court Instructed by S. Wajid Hussain, Advocate-on-Record for Petitioner. Nemo for the State. Date of hearing : 2nd May 1972. JUDGMENT SAJJAD AHMAD, J.-The petitioner is one of the accused persons for the murder of Jan Muhammad. A cross-case arising out of the same occurrence was registered against the complainant party for the murder of one Yasin, who belonged to the petitioner's party. The occurrence arose over a land dispute. The petitioner and his co-accused had applied to the High Court for their bail after it was rejected by the learned Sessions Judge. A learned Single Judge in the High Court has granted bail to the co-accused of the petitioner but has rejected his prayer for bail. It was urged before the learned Single Judge in the High Court that one of the alleged eye-witnesses named Manzur, who lodged the F. I. R. against the accused and who is also one of the accused in the cross case, had stated in his statement recorded by the committing Magistrate that the petitioner (Amir) had fired his gun at Jan Muhammad after the latter had fired at Yasin, killing him, and therefore, a complete case of the exercise of the right of self-defence for the petitioner was made out. The learned Judge, however, did not consider this to be a good ground for granting bail for the reasons, firstly,…

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