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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: MUHAMMAD BASHIR VS Respondent: THE STATE and others
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Rafique Tarar, Manzoor Hussain Sial Title: MUHAMMAD BASHIR vs THE STATE and others Case No.: Criminal Petition for Leave to Appeal No, 361/L of 1993 Date of Judgment:1994-07-05 Reported As: 1995 SCMR 1155 Result: Ordered accordingly
JUDGMENT
JUDGMENT ' MUHAMMAD RAFIQ TARAR, J.---Muhammad Bashir petitioner complainant in case F.I.R. No, 115, dated 19-4-1989, Police Station Baghbanpura, Gujranwala City, under sections 148, 302 and 307/149 of the P.P.C., seeks leave to appeal from the order of a learned Single Judge of the Lahore High Court dated 14-4-1993 whereby Tauqir Hussain and Shabbir Hussain respondents/accused in the said case were admitted to bail. Co-accused Mazhar was declined bail by the same order on the ground that he ' "being injured, his participation is there". 2. Perusal of the impugned order reveals that the reason which weighed with the learned Single Judge for granting bail to the aforesaid respondents was that they were not injured during the occurrence "and their participation could be subject to determination at the trial". 3. Learned counsel for the petitioner contends that the mere fact that the respondents did not suffer any injury during the occurrence could hardly constitute a ground for the grant of bail nor it could form a basis for the observation that their participation was "subject to determination at the trial". He has pointed out that in the impugned order the learned Judge in Chambers, referring to the finding of innocence recorded by the Investigating Agencies, has observed that the police had done favour to the accused persons of this case, therefore, it was not at all a fit case for the grant of bail. ' On behalf of the respondents it is submitted that they were found innocent during successive investigations and their case if not on better footing