Law:

Section:

Criminal Procedure Code (V of 1898)---Ss. 497 & 498--Bail-Contention that no case under S. 307, Penal Code, 1860 having been made out against petitioner, High Court erred in not enlarging them on bail-Leave to Appeal stage-No stage for appreciation of evidence-High Court, on allegations as they stood, held, cannot be said to have exercised its discretion wrongly-Leave to appeal refused-Constitution of Pakistan (1973), Art. 185(3).­[Evidence]. JUDGMENT HAMOODUR RAHMAN, C. J.-The two petitioners herein were alongwith seven others, accused in a case under section 307/148/149, P. P. C. The case was registered on the 29th September, 1974. The part attributed to the petitioners in this case was that the petitioner No. 1 had given a `takwa' blow to Muhammad Khadim and that the peti­tioner No. 2 had given a stick blow to one, Fateh Ali. The 'takwa' injury has, however, been found by the Doctor to be of a simple nature. All the accused applied for bail before the Judge, Lahore, but the latter refused to enlarge them on bail. They then came up to the High Court. A learned Single Judge of the Lahore High…

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