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Initializing Secure Chambers
Petitioner: ATTAULLAH and 3 others VS Respondent: THE STATE and another
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Arif, Raja Afrasiab Khan Title: ATTAULLAH and 3 others vs THE STATE and another Case No.:Criminal Petition for Leave to Appeal No,134-L of 1998 Criminal
Miscellaneous No,4864-CB/97 Date of Judgment:1998-08-04 Reported As: 1999 SCMR 1320 Result: Bail allowed Judgment ORDER ' RAJA ARASIAB KHAN, J.---On 22nd of February 1997 at 9-35 p.m., a case under section 302/324/148/149, P.P.C. Was registered on the statement of Muhammad Ashiq with Police Station Sadar Sialkot against Attaullah, Ghulam Abbas, Manzoor Hussain, Ghulam Rasul (Petitioners), Muhammad Asghar, Muhammad Aslam and Ghulam Abbas son of Muhammad Rafique for the murder of Muhammad Malik and causing injuries to Zulfiqar, Liaqat, Muhammad Akram, Shahid Mahmood, Arshad Kamal Arshad Mahmood and Mst. Sabiran Bibi. On 4-7-1997, the petitioners were allowed bail by an Additional Sessions Judge, Sialkot. This order was set aside by the High Court by cancelling the bail of the petitioners. This is a petition for leave to appeal against the impugned order of the High Court. 2. Learned counsel for the petitioners submits that the petitioners have not caused any injuries to the deceased. According to the learned counsel, simple injuries are alleged to have been inflicted by the petitioners to the P.Ws. Grant of bail to the petitioners has been opposed by the learned State counsel. 3. After hearing the learned counsel for the parties and reading the record with their assistance, we hold the view that the petitioners have rightly and correctly been admitted to bail by the learned trial Court inasmuch as no injuries have allegedly been caused by them to the deceased. Be that as it may, we are inclined to restore the abovenoted order passed by the Additional Sessions Judge, whereby the petitioners have been admitted to bail. The petitioners shall, nevertheless, submit fresh bail bonds in the sum of Rs,2,00,000 (Rupees two lac) with two sureties each in the like amount to the satisfaction of trial Judge.
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4. This order as well as the orders passed by the High Court and the trial Court shall not, at all, be deemed to influence the trial against the accused in any manner whatsoever. With these observations, this petition is converted into appeal and allowed.