Law: Criminal Procedure Code (V of 1898)

Section: 426

(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 22nd February 1970, in Criminal Miscellaneous No. 1 of 1970, in Criminal Appeal No. 68 of 1970). (a) Criminal Procedure Code (V of 1898), S. 426-Bail-Expression "for reasons to be recorded in writing" in S. 426-High Court allowing bail to one set of convicts but refusing it to other set in same case-No reasons disclosed in order for such discrimination Distinction however appearing to have been made on basis of respon sibility for offence fixed by trial Judge-Supreme Court refused to interfere with discretion exercised by High Court but remarked that "it would have been proper and desirable" if reasons were given for granting bail to accused convicted under S. 326, P. P. C. and sentenced to long term ,of imprisonment of 10 years' R. I. Date of hearing: 8th April 1970. JUDGMENT SAJJAD AHMAD, J.-This order will dispose of the connected Criminal Petitions for Special Leave to Appeal Nos. 46 and 62 of 1970, which are directed against the same order of the High Court (Lahore) made in a pending criminal appeal, whereby bail was allowed to Abdul Haq and Ashraf respondents in Petition No. 62 but it 'was refused to Ashiq and' Anwar petitioners in Petition No. 46 aforesaid. The appeal filed by the petitioners and the respondents mentioned above, is in relation to their convictions and sentences nor their alleged participation in an occurrence in which two persons, namely, Muhammad Sharif and Muhammad Din were killed and grievous injuries were caused to P. W. Ramzan with sharp: edged weapons and to P. W. Riaz with blunt weapons. From the judgment of the trial Court it appears that the respondents Abdul Haq and Ashraf were not found guilty of the murder charges. However, they were convicted under section 326, P. P. C. for causing grievous injuries to Muhammad Ramzan P. W. and each sentenced to ten years' rigorous imprisonment on that count and Ashiq and Anwar petitioners in Petition No. 46 of 1970 according to the trial Judge, had caused grievous injuries to Ramzan P. W, as well as to Muhammad Sharif deceased and were sentenced to ten years'…