Law:

Section:

(a) Criminal Procedure Code (V of 1898) Ss. 497 & 498 Bail Contention that deceased's party being aggressors, plea of self defence be considered and accused be released on bail Not possible, held, to raise any prima facie case in favour of accused petitioner without any evidence on record. 1973 Law Notes Lah. 536 ref. (b) Criminal Procedure Code (V of 1898) ---Ss. 497 & 498 Bail Delay in prosecution proceedings Committal proceedings having been abolished resulting in trial of murder cases by Sessions Judge, delay likely to occur due to pendency of large number of cases Accused's release on bail on such ground, held, bound Fn have bad repercussions on public. [Delay]. JUDGMENT WAHEEDUDDIN AHMAD, J. This petition for Special Leave to Appeal is directed against Order of the High Court in Criminal Miscellaneous No. 4552/B of 1976 dated 26 1 1977. By this Order the bail application of the petitioner was dismissed. The occurrence took place on 29 9 74. Abdul Aziz the first informer alleged that the petitioner alongwith four other persons, armed with deadly weapons, attacked the complainant, as well as some others which resulted is the death of Altaf Hussain and simple injuries were caused to Hasan Muhammad, Muhammad Bakhsh P. Ws. and Abdul Aziz complainant. The allegation against the petitioner is that he gave a hatchet blow, on the head vital part of the body, of the deceased which resulted in his death. The petitioner's case is that he sustained 12 injuries, and the other co accused Iftikhar and Ghulam Nabi also sustained some injuries. According to him, he had a right of self defence, and he should have been released on bail like other accused persons. The learned Chief Justice of the High Court in his Order under consideration has observed that it appears to be a case of sudden fight between the parties, and each person was responsible for his individual act. It is clearly alleged in the F. I. R. that Anwar Khan petitioner gave fatal blow to Altaf Hussain deceased by a…

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