Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: IJAZ AHMAD VS Respondent: The STATE
Court Name: Supreme Court of Pakistan Judge(s): Sheikh Anwarul Haq, Muhammad Yaqub Ali Khan Title: IJAZ AHMAD vs The STATE Case No.:Criminal Miscellaneous No. 1414-B of 1973 Petition for Special Leave to
Appeal No. ,132 of 1172 Date of Judgment:1973-10-03 Reported As: 1974 SCMR 166 Result: Leave refused Judgment ORDER ANWARUL HAQ, J.--The petitioner was granted bail before arrest by the learned Sessions Judge, Rawalpindi , in a case pending against him under section 302/34, P. P. C. For causing the death of one Qasim Mahmood. The bail was, however, cancelled by a learned Single Judge of the Lahore High Court by his order dated 25-4-1973. It is submitted that the High Court has overlooked the fact that the petitioner's name was not mentioned at all in the first information report as being one of the assailants, and that in any case the learned Sessions Judge, having acted under section 498, Cr. P. C., the High Court had no power to cancel the bail. Finally, it is submitted that the injury sustained by the deceased was not the direct cause of his death, which was due to pneumonia brought on by prolonged confinement in bed. There is no merit in these submissions. In the first information report the petitioner was referred to by the name of Massi, and in the dying state--ment made by the deceased it was made clear that the reference was to the present petitioner. It is not for this Court, nor was it for the High Court at this stage, to embark upon an elaborate enquiry in this regard. It is sufficient for the purpose of deciding the question of bail that the identity of the petitioner was reasonably ascertained from the statement made by the deceased person before his death. As regards the contention that the death was not caused by the injuries sustained by the deceased but by pneumonia, suffice it to say that the learned counsel has overlooked the second explanation to section 299 of the Pakistan Penal Code. In any case, this is again a question which
---
## Page 2
can be determined only at the trial in the light of the medical evidence and the surrounding circumstances of the case. The contention that the High Court had no power to cancel the bail granted by the learned Sessions Judge under section 498, C,-. P. C., is clearly misconceived, for the High Court has ample power, under section 439 of the Code, to revise _Any order passed by a subordinate criminal Court. The petition, accordingly, fails and is hereby dismissed.