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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: SADIQ SHAH VS Respondent: QURBAN SHAH AND Other
Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Sheikh Anwarul Haq Title: SADIQ SHAH vs QURBAN SHAH AND Other Case No.:Criminal Petition for Special Leave to Appeal No. 43 of 1978 criminal
miscellaneous no, 4748/B of 1978 Date of Judgment:1978-06-07 Reported As: 1978 SCMR 363 Result: Petition dismissed Judgment ORDER WAHEEDUDDIN AHMED, J.-A case under section 148/149/307, P. P. C. Ass registered against respondents Nos. I to 9 and Sajawal Shah for causing injuries to Saidan Shah, and others of the complainant party in prosecution of the common object of an unlawful assembly formed by them on 28-7-77 on a long-standing dispute about the possession of land. According to F. I. R. Saidan Shah suffered a blow at the hands of Sajawal Shah, and died later on. In view of this, the case was converted to 148/149/302/307, P. P. C. The allegation against the respondents is that they had attacked the companions of the deceased and bad given them blunt weapon injuries. Respondents and Sajawal Shah moved a bail application which was dismissed by the learned Sessions Judge on 16-10-77. The respondents then moved the Lahore High Court in Cr. Misc. No. 4748/B of 1977, and they were granted bail by a learned Single Judge of the Lahore High Court by order dated 10-1-78. The petitioner seeks permission to file an appeal against the said Order. In support of the petition, we have heard Mr. Yasin Wattoo, and we are satisfied that this is not a fit case for the cancellation of bail. The High Court was right in observing that the intention of the respondents was not to commit murder, and their conduct requires further inquiry. In our opinion the High Court has exercised the discretion vested in it properly and this is not a fit case for interference. The petition is dismissed.