Law:

Section:

Criminal Procedure Code (V of 1898)--S. 497---Penal Code (XLV of 1860), S. 302---Constitution of Pakistan (1973), Art. 185 (3)---Bail---Sessions Court had rightly exercised discretion in allowing bail to accused giving cogent reasons---High Court had no justification to recall such well-reasoned order of Sessions Court---Order of High Court was consequently set aside and the accused was admitted to bail by converting the petition for leave to appeal into appeal and allowing the same. ORDER RAJA AFRASIAB KHAN, J.---On 23-5-1997, a case under section 302, P.P.C. was registered with Police Station Harbans Pura, Lahore on the statement of Abdul Rashid against Amanat Ali for the murder of Mst. Rozina alias Rabia hereinafter called Mst. Rozina.. It is alleged that Mst. Rozina was set on fire by her husband Amanat Ali, the petitioner. In the result, she died. An Additional Sessions Judge, Lahore admitted the petitioner to bail on 14-7-1997 on the ground that the case against him was one of further inquiry. This bail order was, however, set aside by the High Court on 19-3-1998 and the bail of the petitioner was cancelled. This is a petition for leave to appeal against the said order. 2. Learned counsel for the petitioner submits that there is no evidence to connect the petitioner with the commission of the crime. The victim, Mst. Rozina was declared by the doctor to be unfit for making any statement till her death. 3. Be that as it may, we hold the view that this is a fit case for grant of bail to the petitioner. Discretion in this behalf was rightly exercised by the learned Additional Sessions Judge in lieu of cogent reasons. It is useful to quote I the, operative part of the order of Additional Sessions Judge, which is to the following effect:- "From the perusal of record is found that the father (Allah Rakha) of the present petitioner and father in law of the deceased has also suffered burn injuries in the same incident. The record shows that he tried to save her. Allah Rakha has sworn in an affidavit to the effect that…

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