Law:

Section:

Criminal Procedure Code (V of 1898)--S. 497---Bail was granted by High Court to accused after accepting his apology as regards his previous conduct in which accused had not approached Court with clean hands---Matter entirely lay in discretion of High Court, if Court was inclined to accept apology and to proceed to determine case on merits---No exception thus could be taken to course adopted by High Court---Accused had no previous enmity with deceased, and he was unarmed and only, Lalkara was attributed to him---View taken by High Court that the question that accused shared a common intention to kill deceased was open to further inquiry, could not be held to be perverse or arbitrary in circumstances. Muhammad Farooq v. State P L D 1963 Lah. 443 ref. ORDER NASIM HASAN SHAH, J.--This is a petition for leave to appeal against the order, dated 25-9-1978 passed by the Lahore High Court (in Criminal Miscellaneous No.3525/B of 1978) whereby the respondent No.1 (Amjad Bhatti) was allowed bail. The facts of the case as disclosed in the F.I.R. are that the occurrence took place near the Fauji Hotel,' opposite Regent Cinema, Jhelum, during the interval of the morning show at about 1-05 p.m. on 24-3-1978. It is alleged that Gulzar Hussain deceased alongwith his companion Waqar Ahmad had gone to see the morning show at Regent Cinema and as they were passing through the row of seats, the feet of Gulzar Hussain deceased hit the feet of Saleem Ahmad, who had come to the cinema alongwith his friend Amjad Bhatti. On this an altercation took place between the deceased and Saleem Ahmad, accused, which was then settled through the good offices of Waqar Ahmad. However, during the interval when Waqar Ahmad and Gulzar Hussain deceased came out of the cinema hall and were going to the Fauji Hotel for taking some refreshment, Saleem Ahmad accompanied by Amjad Bhatti came after them. Amjad Bhatti gave a Lalkara to Gulzar Hussain, deceased that he would be taught lesson for quarrelling with them. Immediately thereafter Saleem Ahmad accused gave a number of injuries to Gulzar Hussain deceased with a knife upon which Gulzar Hussain deceased dropped down after moving a few paces. Waqar Ahmad…

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