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1984 SCMR 1235

JAHAN KHAN vs MUHAMMAD AKBAR, etc.

Citation1984 SCMR 1235
CourtSupreme Court of Pakistan
Case No.Criminal Petition for Special Leave to Appeal No, 110/R of 1983
Date1984-02-17
Judge(s)Muhammad Afzal Zullah, M. S. H. Qureshi
ResultPetition dismissed

ORDER

1. ' MUHAMMAD AFZAL ZULLAH, J.-- Leave to appeal has been sought from order dated 29-11-1983 of the Lahore High Court; whereby respondents No. 1 and 2 were allowed bail in a case registered under section 302, read with section 34, P.P.C.

2. ' The learned counsel for the petitioner has tried to show that the two respondents having been attributed a definite role each, should not have been granted bail. He advanced arguments on merits and also cited case-law. He also relied on Modi's Medical Jurisprudence to show the difference between abrasions caused by a fall and those caused by a stick blow.

3. ' Both the learned counsel for the Caveators (the said respondents and the State) opposed the petition and also argued on merits of the case.

4. The learned Judge in the High Court has distinguished the case of the two respondents--total accused being for, in a manner which cannot be deemed as illegal or against any principle. The mere' fact that the reason be different appreciation of facts for bail, cannot be a ground for interference by this Court. The cases cited by the learned counsel are distinguishable. There is no force in this petition] It is accordingly dismissed.

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