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1975 SCMR 237

ASANDAS vs THE STATE

Citation1975 SCMR 237
CourtSupreme Court of Pakistan
Case No.Petition for Special Leave to Appeal No, K-46 of 1974
Date1974-09-13
Judge(s)Waheeduddin Ahmad, Muhammad Gul
ResultPetition dismissed

ORDER

1. ' WAHEEDUDDIN AHMED. J.-The allegations against the petitioner is that he incited the other accused persons and a hatchet blow was given by Kauro accused at his instigation. On this allegation, a case was registered against him under sections 302, 148 read with section 149, P. P. C.

2. He moved for bail and was granted bail by the learned Sessions Judge Sangarh. On the 6th November 1973, Ghulam Rawl Shaikh, J. Issued notice to the petitioner to show cause why his bail should not be cancelled.

3. ' In pursuance of this notice, the petitioner appeared and a learned Single Judge of the High Court of Sind & Baluchistan, Karachi, by order dated the 20th June 1974, cancelled his bail. The petitioner seeks permission to file an appeal against the said order.

4. After hearing the learned counsel for the petitioner, we are satisfied that there is sufficient material to show that it was at the instance of the petitioner that the deceased was attacked and killed. On this fact, the High Court was perfectly justified in observing that the petitioner prima facie would be vicariously liable by reasons of the application of section 149, P. P. C. In that view of the matter, there is no ground to interfere. The petition is dismissed.

Cited by 4 cases

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