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Constitution of Pakistan (1973)- ---Art. 185(3)--Criminal Procedure Code (V of 1898), S. 497(2)--Penal Code (XLV of 1860), Ss. 302/324 & 326/34--Accused under Ss. 302, 324 & 326/34, P.P. C. allowed bail--Order impugned--Contention raised that plea of self-defence could not be given effect at the time of considering question of bail, held, not tenable in circumstances--Accused having received injuries not explained by complainant party, plea of self-defence raised by accused was clearly one needing further enquiry and in the meantime he was entitled to be enlarged on bail--No justification having been made out for interference with impugned order petition failed and was dismissed. --[Private defence, right of]. ORDER ANWARUL HAQ, J.--The petitioner is aggrieved by an order made by a learned Judge of the Lahore High Court on the 27th of October, 1976 allowing bail to the respondent Muhammad Siddiq in a case pending against him and three others under sections 302, 324 and 326, P.P.C. read with section 34 thereof for causing the death of Noor Hussain and causing injuries to some of the members of one Noor Hussain's party during the course of an incident which took place on 12-2-1976. 2. The main ground which has prevailed with the learned Judge is that the dying statement made by Noor Hussain, which now forms the first information report against the respondent and his co-accused, did not give any explanation of the injuries sustained by the present petitioner and his companions, especially when one of the injuries on the petitioner had caused a fracture of the skull bone. The learned Judge has expressed the view that the presence of these serious injuries on the person of the respondent lends support to the plea of self-defence raised by him, and as the prosecution has not given any explanation of these injuries, the case is one requiring further inquiry in terms of subsection (2) of section 497, Cr.P. C. 3. Kh. A. Wahid, appearing for the present petitioner, contends that in number of precedent cases this Court has clearly enunciated the rule that at the time of considering the questions of bail effect cannot be given to a plea of alibi or self-defence…

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