Law: Criminal Procedure Code (V of 1898)

Section: 426, 497, 498

Law: Penal Code (XLV of 1860)

Section: 307, 326

Criminal Procedure Code (V of 1898) S. 426 read with Ss. 497 & 498-Grant of bail under -S. 426 Provisions of Ss. 497 & 498, Cr. P. C.--To serve as guidelines for exercise of powers under S. 426, Cr. P. C.-Contention that petitioners found guilty of offences covered by subsection (1) of S. 497, Cr. P. C. must always be refused bail-Held: Fallacious and appellate Court's discretion to grant bail not fettered or restricted by reference either to conviction or to sentence passed against petitioners--Bail to petitioners attributed a mere lalkara allowed but declined to petitioner responsible for causing injuries to victim of murderous assault Penal Code (XLV of 1860), Ss. 307 & 326. Abdul Ghaffar v. Anwar-ul-Hassan 1978 S C M R 149 rel.                                                                                                                                                       ORDER The three appellants, all real brothers have appealed to challenage their conviction and sentence of rigorous imprisonment for seven years plus a fine of Rs. 5,000. each, in default further rigorous imprisonment for six months for the offence of attempt to murder under section 307/34, Pakistan Penal Code. Application has also been made under section 426, Cr. P. C. or orders suspending their sentences pending decision of the appeal. 2. Heard either side. According to prosecution Irshad appellant (2) had dealt injuries to Abdul Sattar P. W. in the head and in the back of chest as a result of which the witness had dropped down unconscious. He was in a serious condition when examined by the doctor in the hospital. Muhammad Anwar and Shamshad the remaining two appellants (1/3) armed respectively with hatchet and hockey stick had allegedly accompanied Irshad to attack Abdul Sattar. They both have been…