HAYAT vs SADA AND Another — 1970 SCMR 472

Citation: 1970 SCMR 472

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-04-08

Parties: HAYAT vs SADA AND Another

Headnotes

Case cited as 1970 SCMR 472

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Sajjad Ahmad Jan Title: HAYAT vs SADA AND Another Case No.: Petition for Special Leave to Appeal No. 43 of 1970 Date of Judgment:1970-04-08 Reported As: 1970 SCMR 472 Result: Petition dismissed JUDGMENT JUDGMENT SAJJAD AHMAD, J.-This petition for special leave to appeal is directed against the order of a learned Single Judge of the High Court of West Pakistan, whereby he refused to cancel the bail of the respondent No. 1 which was granted to him by the learned Sessions Judge, Gujranwala, in a pending murder case. The reasons given by the Sessions Judge and accepted by the learned Single Judge are that the respondent is an old man of 60 to 65 years of age and the only part ascribed to him was that he raised a lalkara before his co-accused attacked the deceased. We are not persuaded to interfere with the discretion exercised by the Courts below in the matter of the respondent's bail. The question would be determined at the trial as to whether the action of the respondent as attributed to him, constitutes an offence of abetment, that is to say, whether he did raise a lalkara and if so, to what effect. It cannot be said that the Courts below have acted arbitrarily in granting bail to the respondent in the exercise of their discretion. The petition is dismissed.

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