Law: Pakistan Penal Code, 1860

Section: 302,307,148,149

Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Criminal Procedure Code (V of 1898)

Section: 5.497

Penal Code (XLV of 1860)--   ---Ss.302, 307, 148 149--Criminal Procedure Code (V of 1898), 5.497--Constitution of Pakistan (1973), Art. 185(3)--Bail, cancellation of--Matter of further enquiry--No perversity in impugned order-­Supreme Court declined to interfere--Part ascribed to accused of ineffective firing--Weapons recovered prima facie not proved to have been used--High Court allowing bail to accused on ground of further enquiry--Order impugned--Plea that accused were named in F.I. R. and since section 149, P.P.C. had been made applicable they were vicariously liable even if due to their firing no one was hit, repelled-­No perversity in the order allowing bail found--Case being not a fit case for interference, leave to appeal refused. ORDER JAVID IQBAL, J.- This petition for leave to appeal has been filed by Bati Khan complainant-petitioner against respondents Nos. 1 to 5 for the cancellation of their bail allowed by learned Single Judge of the Lahore High Court, Lahore. The respondents alongwith six others are involved in a case under section 302/307/148/149, P.P.C. registered against them on 12th January, 1987 at Police Station Malakwal, District Gujrat wherein Khizar Hayat had been murdered and Umar Hayat received gun shot injuries. According to the medical evidence the deceased died of gun shot wounds and Umar Hayat had also suffered fire-arm injuries. There is a long standing previous enmity between the complainant and the accused sides. According to the prosecution version on the fateful day the deceased and Umar Hayat were returning home arid when they reached near the house of one Mirza Kumhar the present respondents alongwith their six companions all armed with automatic weapons suddenly confronted them and opened fire at them. The shot fired by Lala co-accused (not respondent before us) hit the deceased and it proved…

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