Law: Constitution of Pakistan, 1973

Section: 185(3)

Criminal Procedure Code (V of 1898)--S.497(5)---Penal Code (XLV of 1860), S.302/337/34---Constitution of Pakistan (1973), Art.185(3)---Bail, cancellation of---Principle of vicarious liability---Applicability---Accused persons had only 'Sotis' with them and did not cause any injury to the deceased---Only simple injuries were caused by accused to victim---Exercise of discretional jurisdiction by High Court in the matter of grant of concession of bail to the accused persons, not suffering from any inaccuracy, Supreme Court declined to interfere. Muhammad Akbar and 4 others v. The State and another 1978 SCMR 7 and Nazar Muhammad v. The State and another PLD 1978 SC 236 ref. Sh. Zamir Hussain, Advocate Supreme Court and Ejaz Muhammad Khan, Advocate-on-Record ,(absent) for Petitioner. Nemo for Respondents. Date of hearing: 12th November, 1998. JUDGMENT CH. MUHAMMAD ARIF, J.---Fateh Khan father of petitioner Farzand Ali was the first informant of a case under section 302/337/34, P.P.C. registered at Police Station Jand, District Attock vide F.I.R. No.96 of 1997, dated 12th July, 1997 regarding an occurrence of the same date having taken place at 6-30 a.m. in which he and his son the present petitioner had sustained injuries on their persons. It was after his demise that section 302, P.P.C. was added to F.I.R. No.96 of 1997. 2: In addition to respondents Nos. l and 2 namely, Taj and Ameer sons of Hadayat Khan, two others namely Ghulam Raza son of Sultan and Sajjad Raza son of Ghulam Raza were the accused in the case at the instance of deceased Fateh Khan. After the arrest of the accused, all of them unsuccessfully applied for bail before the Court of Session. On a further move by the said accused before the Lahore High Court, Rawalpindi Bench, Rawalpindi only Sajjad Raza (Sajjad Khan) accused was admitted to bail, while others were declined the concession with the following observations:-- "As regards other three petitioners, it is not a stage to distinguish the specific injury caused by each of them which had ultimately culminated into death of Fateh Khan, complainant. The petitioners who caused injuries to him were armed with Sotis but this fact prima facie proves…

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