1994 PLP 451 (SCMR)

‑‑‑‑S. 497‑‑‑Penal Code (XLV of 1860), 5.302/149/148‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Bail‑‑‑Contention that the police officers during investigation had found the accused innocent was belied by the police record itself‑‑‑High Court was, therefore, justified in recalling its earlier order granting bail to the accused which was entirely based on the fact that the police officers had expressed their opinion and found the accused to be innocent‑‑ Leave to appeal was refused in circumstances. Khawaja Sultan Ahmed, Sernior Advocate Supreme Court and S. Abul Aasim Jaferi, Advocate‑on‑Record for Petitioner. Nemo for Respondents. Date of hearing: 21st November, 1993. SALEEM AKHTAR, J.‑‑‑The petitioner seeks leave to appeal against the order of the learned Judge in Chambers of the High Court whereby bail granted to him earlier was recalled.

2. According to the F.I.R. on 2‑5‑1993 at about 6‑30 p.m. complainant with Muhammad Arshad and Muhammad Sarwar, his brothers alongwith others was present in his house when they heard an alarm. He came out and saw the petitioner alongwith five others armed with guns raising Lalkara. Aftab Alam, co‑accused fired his gun which hit Muhammad Arshad. The other co- accused also fired. Azam Baig is alleged to have fired at the complainant, but only a pellet hit his right cheek. The petitioner is alleged to have given a butt blow to Mst. Sharifan Bibi on her lip. The learned Additional Sessions Judge taking note of the facts that the petitioner has been named in the F.I.R., has been attributed causing injury to Mst. Sharifan Bibi and that he was a member of unlawful assembly refused bail. The learned Judge in Chambers first granted bail merely on the ground that he was held to be innocent by the A.S.P. as well as by the Sub‑Inspector who was initially investigating the case. However, his statement was challenged by filing another application in which it was alleged that no such opinion has been expressed by the police officers. It seems that on examination of the case diary the petitioner was fully involved in the occurrence. The learned Judge therefore recalled the order granting bail to the petitioner.

3. The learned counsel has again pressed that the police officers during investigation had found him innocent. This fact has been belied by the police record itself as observed in the impugned order. The learned Judge was therefore justified in recalling the order which was entirely based on the fact that the police officers have expressed their opinion and found petitioner to be innocent. We refuse to grant leave. N.H.Q/N‑356/S Leave refused.