PIR BAKHSH AND 3 Others vs THE STATE — 1969 PLD 170

Citation: 1969 PLD 170

Court: Lahore High Court

Year: 1969

Decision Date: 1969-09-17

Parties: PIR BAKHSH AND 3 Others vs THE STATE

Headnotes

Case cited as PLD 1969 Kar. 170

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Afzal Cheema Title: PIR BAKHSH AND 3 Others vs THE STATE Case No.: Criminal Miscellaneous No. 4096 of 1969 Date of Judgment:1969-09-17 Reported As: 1970 P Cr. L J 442 Result: bail allowed Judgment ORDER The four petitioners along with their co-accused Muhammad Hayat have been committed to stand trial for offences under section '148/302/149, P. P. C. Etc., for the murder of one Muhammad Bashir, who allegedly died of brick-bat injuries resulting in the fracture of his parietal bones. Muhammad Hayat was allowed bail by the learned Sessions Judge whereas the petitioners' case for bail was not pressed before him and consequently bail was declined to them. They have now filed Cr. Misc. No. 4096/69 for their enlargement. Muhammad Muzaffar complainant has also filed Cr. Misc. No. 883/69 seeking cancella--tion of bail allowed to Muhammad Hayat aforesaid. This order will dispose of the two petitions. 2. Learned counsel fort he petitioners in Cr. Misc. No. 4096/69 has vehemently contended that the mere existence of an order of commitment does not operate as an absolute bar to the enlargement of the accused persons and there have been cases where bail was allowed to persons accused of murder even after their committal to the Court of Sessions. Reliance is placed in this regard on Bachal Shah and others v. The Stare (PLD 1969 Kar. 170). It is also submitted that in Muhammad Ayub v. Muhammad Yaqoob and another (PLD 1966 SC 1003) and Ch.…

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