| Citation(s) |
|---|
| 1980 SLG 270 1980 SLD 270 1980 SCMR 369 |
Supreme Court of Pakistan
Petition No. 79 P of 1979, decision dated: 12-12-1979. (On appeal from the judgment and order of the Peshawar High Court dated 30 10 79. in Cr. Misc. 790 of 1979).
ANWARUL HAQ. C.J. AND MUHAMMAD AFZAL ZULLAH, J
Mian Muhammad Younis Shah, Advocate instructed by M. Qasim Imam, Advocate on-Record (absent). Nemo.
Petition No. 79 P of 1979, decision dated: 12-12-1979. (On appeal from the judgment and order of the Peshawar High Court dated 30 10 79. in Cr. Misc. 790 of 1979).
ANWARUL HAQ. C.J. AND MUHAMMAD AFZAL ZULLAH, J
Mian Muhammad Younis Shah, Advocate instructed by M. Qasim Imam, Advocate on-Record (absent). Nemo.
GUL ARAB
VS
ADAM KHAN AND 2 OTHERS
Law:
Section:
Criminal Procedure Code (V of 1898) --- S. 497 Petitioner seeking leave to appeal against order granting bail on ground that from nature of injuries sustained by him, case clearly fell within ambit of S. 307, P. P. C. as shots fired at proved effective Grant of bail being primarily a matter ,of discretion for High Court, no interference, held, required in matter, in circumstances. ORDER ANWARUL HAQ, C: J. The petitioner is aggrieved by an order made by a learned Judge of the Peshawar High Court on the 30th of October, 1979, by which he has allowed bail to the respondents Alam Khan and Ahmad Khan in a case' pending against them under section 307 of the Pakistan Penal Code read with section 34 thereof, for causing fire arm injuries to the petitioner during the course of an incident which took place at g 00 a. m. on the 28th of June, 1979. The learned Judge has observed that the circumstances show that the occurrence had taken place all of a sudden; and in the normal course of human conduct it is not conceivable that in the absence of any previous enmity or motive there should have been no prior altercation between the parties. He has further stated that it is possible that the offence, if any, committed by the respondents may fall under section 308 of the P. P. C., and this was a matter which would require consideration at the proper…
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