TARIQ PARVEZ BUTT Versus MUHAMMAD SULTAN

ORDER

1. ABDUL KADIR SHAIKH, J.‑‑ This is a petition for leave to appeal from the order passed by a learned Judge of Sind High Court, dated 13‑2‑1986 directing release of the respondent Muhammad Sultan on bail pending trial of a case against him under section 302, P.P.C.

2. The prosecution case was supported by three eye‑witnesses up to the stage of their statements made under section 161 of the Code of Criminal Procedure Code but they did not support the case in their statements under section 164 of the Code. It was on this ground that the learned Judge in the High Court directed respondent's release on bail.

3. Petitioner who is a brother of the deceased and the first‑informant in the case seeks leave to appeal from the order of the High Court, and Mr. Khalid Ishaque learned counsel appearing in support of the petition submits that the learned Judge in the High Court has failed to appreciate that it was not proper stage at which earlier version of the accident should have been disbelieved.

4. Learned Additional Advocate‑General who appears for the State supports the submissions made by the learned counsel for the petitioner.

5. The respondent to whom notice was issued has not cared to attend. After having gone through the‑ record we feel that the question whether impugned order passed by the learned Judge in the High Court is in consonance with the sound principle of law governing bail deserve consideration. We, therefore, grant leave and allow the petition.

6. Petition will be heard on the present record during the next session. It is, however, open to the parties to file additional documents, if any.

7. M. Y. H. Leave granted.