1975 PLP 237 (SCMR)
ASANDAS-Petitioner Versus THE STATE — Respondent
| Citation | 1975 PLP 237 (SCMR) |
| Forum / Court | High Court |
| Bench Members | N/A |
| Parties | ASANDAS-Petitioner Versus THE STATE — Respondent |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 1975 PLP 237 (SCMR)?
This judgment primarily cites: Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1975 PLP 237 (SCMR)?
The case was heard and decided by the High Court bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1975 PLP 237 (SCMR) (ASANDAS-Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M.I. Memon, Advocate-on-Record for Petitioner.
- Date of hearing : 13th September 1974.
- M.I. Memon, Advocate‑on‑Record for Petitioner.
Headnotes / Summary
(On appeal from the judgment and order of the High Court of Sind & Baluchistan, Karachi, dated the 20th June 1974, in Bail Application No. 787 of 1973). -- Ss. 302 & 148 read with S. 149-Murder-Commission of offence by member of unlawful assembly-Fact of deceased being attacked and killed at accused petitioner's instance-Sufficiently shown by material on record-High Court's observa tion that petitioner would prima facie be vicariously liable by application of S. 149 and as such cancelling bail granted to petitioner, held, perfectly justified. Nemo for the State.
Judgment & Decree
WAHEEDUDDIN AHMED, J.‑The allegation against the petitioner is that he incited the other accused persons and a hatchet blow was given by Kauro accused at his instigation. On this allegation, a case was registered against him under sections 302, 148 read with section 149, P. P. C. He moved for bail and was granted bail by the learned Sessions Judge, Sangarh. On the 6th November 1973, Ghulam Rasul Shaikh, J. issued notice to the petitioner to show cause why his bail should not be cancelled. In pursuance of this notice, the petitioner appeared and a learned Single Judge of the High Court of Sind & Baluchistan, Karachi, by order dated the 20th June 1974, cancelled his bail. The petitioner seeks permission to file an appeal against the said order. After hearing the learned counsel for the petitioner, we are satisfied that there is sufficient material to show that it was at the instance of the petitioner that the deceased was attacked and killed. On this fact, the High Court was perfectly justified in observing that the petitioner prima facie would be vicariously liable by reasons of the application of section 149, P. P. C. In that view of the matter, there is no ground to interfere. The petition is dismissed. Petition dismissed.