Law:

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Keywords: Procedure, Refusal Of Bail, Offences, High Court, Petitioner, Provisions, Grounds, Discretion, Evidence, Refusal, Guilty, Judicial Discretion, Merits Of The Case, Order, Cancellation, Impugned Order Result: Application dismissed ORDER The respondents in this case along with one Mukhtar are facing an enquiry before the learned Civil Judge and F. C. M., Mehar for the offence of murder. Although bail was refused to them by the committal Court the learned Sessions Judge has, by the impugned order, granted them bail. 3. The main reason that weighed with the learned Sessions Judge in granting them bail is that there was admittedly, in the club a marriage going on and that there was a considerable number of persons present and, therefore, it could not be said with any certainty that persons who were seen there were necessarily a part of the group with the accused Mukhtar or that in any case they could be acting in concert so as to attract the provisions of section 34. In view of the entire facts of the case I would not feel disposed to interfere with the order of the learned Sessions Judge as I can do so only by expressing an opinion at this stage, which will be premature, that upon the evidence not only the presence of the respondents is established but also the fact that they were acting as one party with the accused Mukhtar so as to make them liable under section 34 of the Pakistan Penal Code. 4. The learned counsel for the applicant has, however, drawn my attention to a decision of the Supreme Court reported in Nisar Ahmad v. The State (1), where the Supreme Court depricated the making of applications to the higher Courts for bail in non- bailable cases. I do not think that that case helps the petitioner in this case. That was a case where the High Court had been asked to grant bail and the Supreme Court said that the grant or refusal of bail in non-bailable…

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