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Petitioner: MUHAMMAD VS Respondent: FAZAL ALI SHAHHonorable Justice S. A. RAHMANMian Qamaruddin,Nemo
1968 P Cr
1968 P Cr. L J 1772
[Supreme Court]
Present: S. A. Rahman, C. J., and Muhammad Yaqub Ali, J
MUHAMMAD AND ANOTHER‑--Petitioners
Versus
FAZAL ALI SHAH AND ANOTHER---Respondents
Petition for Special Leave to Appeal No. 134 of 1968, decided on 31st May 1968.
(On appeal from the order of the High Court of West Pakistan, Lahore, dated the 27th March 1966, in Criminal Revision No. 226 of 1967).
Penal Code (XLV of 1860),
S. 326‑--Victim receiving large number of injuries, three grievous in nature--‑Bail to accused, held, rightly disallowed‑Special leave to appeal refused by Supreme Court.
Mian Qamaruddin, Advocate Supreme Court instructed by Abdul Karim, Attorney for Petitioners.
Nemo for the State.
Date of hearing: 31st May 1968.
JUDGMENT
S. A. RAHMAN, C. J.‑--This petition for special leave to appeal filed on behalf of Muhammad and Faiz r Ahmad, sons of Nazar Muhammad, raises the question whether the High Court had exercised its discretion properly in disallowing bail to the petitioners in a case under section 326 of the Pakistan Penal Code. After hearing Mian Qamaruddin we are not convinced that any case has been made out for interference with the High Court's order. The victim in the case had sustained 15 injuries, out of which three were declared to be grievous, including injury No. 12 which was a punctured wound on the left arm. X-ray examination had revealed the fracture of the bone underneath it. In the circumstances, this was an injury falling within the scope of section 326, prima facie and consequently the argument of the learned counsel that this was not a case under that section, does not impress us at this stage. The petitioners are alleged to have acted in pursuance of common intention in beating up the victim. We see no force in the petition which is hereby dismissed.
Leave refused.