Law:

Section:

Constitution of Pakistan (1973)-----Art. 185(3)-Bail-Matter purely in discretion of Courts below­ Supreme Court would not interfere with discretionary powers unless satisfied that order was perverse, or made in clear disregard of principles of law. ORDER HAMOODUR RAHMAN, C. J.-This is a petition for special leave to appeal from an order of a learned Single Judge of the Sind & Baluchistan High Court refusing to cancel the bail granted by him earlier to the respondent No. 2 herein on the 23rd of May 1972. The allegation against the said respondent was that on the 9th of November 1970, he had entered into a fight with his employee Dad Rahman in which the said employee had received an injury on the right thigh, and, subsequently, died as a result of excessive bleeding from the said injury. In the course of this fight, the respondent Dad Karim had also received a grievous knife blow causing an incised wound 2" x 1" deep penetrating towards the right clavicle in the upward direction. On examination at the Jinnah Hospital, Karachi, it was found that as a result of this injury two major arteries were completely cut along with the muscles. The said respondent was, however, charged with an offence under section 304, but he was released on bail by the trial Magistrate on the 29th of November 1971. The Additional Sessions Judge of Karachi, by his order of the 10th of April 1972 cancelled the bail. The High Court on the 23rd of May 1972 again granted him bail on the ground that the fight was a sudden fight in the course of which it could possibly be maintained that the respondent had…

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