Law:

Section:

Criminal Procedure Code (V of 1898) ----- S. 497 Bail High Court while releasing respondents on bail impressed by circumstance of investigation revealing deceased being armed with a gun and to have opened fire first although un-success fully and one of respondents having used his pistol thereafter ¬High Court in circumstances expressing view of case of such respondents being covered by S. 100, cl. firstly of Penal Code (XLV of 1860) High Court also finding death of deceased being not due to any injury caused by blow allegedly inflicted by another respondent No exception, held, could be taken to High Court's view of respondents being entitled to concession of bail in circum¬stances. ORDER NASIM HASAN SHAH, J. This petition for leave to appeal is directed against the order dated 19 5 1979 of the Lahore High Court whereby Muhammad Asghar and Muhammad Akhtar (respondents herein) were enlarged on bail. The respondents herein along with others are accused of offences under section 302/1481307/149, P. P. C. Originally they were accused of offences falling under sections 307/149 and 148, P. P. C., but on the death of Iqbal section 302, P. P. C. was also added. According to the F. I. R. lodged by Riasat Ali (petitioner herein) the respondents along with others, while variously armed, waylaid Iqbal deceased and others and injured them. Asghar respondent, who was allegedly armed with a pistol fired a shot on Iqbal deceased hitting him in the abdomen while Muhammad Akhtar respondent inflicted a sota injury on his head. The accused moved the Sessions Judge for bail who rejected the application of the respondents herein, but admitted the co accused to bail. Both the respondents, therefore, approached the Lahore High Court and a learned Judge thereof was…

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