AKMAL MASIH Versus SALAMAT MASIH

ORDER

ALI HUSSAIN QAZILBASH, J. ‑‑Akmal Masih (petitioner in Criminal Petition No.125‑R of 1987) seeks leave to appeal from the order of a learned Single Judge of the Lahore High Court, Rawalpindi Bench, dated 5‑10‑1987, whereby his petition for cancellation of the bail granted by the Additional Sessions Judge, Rawalpindi, to Khalid Masih and Tariq Masih, respondents Nos.3 and 4 was dismissed.

In the case, the occurrence of which was alleged to have taken place on 12‑4‑1987, Aslam Masih succumbed to his injuries and three persons from the complainant side, namely, Akmal Masih, Meraj Masih and Khushi Masih, have received injuries at the hands of the respondents.

There is a cross‑complaint by Tariq Masih against Khalid Masih and others under section 307/325/149, P.P.C. filed on 23‑4‑1987.

3. The Additional Sessions Judge, Rawalpindi, on being approached by Salamat Masih and others, admitted Tariq Masih and Khalid Masih to bail vide order dated 7‑6‑1987, while the others were refused bail. The High Court was then moved by the petitioner for cancellation of the bail of Tariq Masih and Khalid Masih which has been refused.

4. Salamat Masih and Sajjad Masih, respondents Nos.1 and 2, alongwith Janson and Javed Masih, moved the High Court for admitting them to bail. The learned Single Judge, vide his order dated 5‑10‑1987 allowed bail to Salamat Masih, Sajjad Masih and Janson but dismissed the application qua Javed Masih, who has moved Criminal Petition No.126‑R of 1987 for his release on bail. Both the petitions are being disposed of through this order.

5. We have heard the learned counsel for the parties and have gone through the orders of the Courts below. We have been informed that the challan in the case has been put in the Court and the trial is to start shortly. In this view of the matter we are not inclined to recall the order of bail of the four respondents. The learned trial Court, however, would be at liberty to cancel the bail of the respondents if on recording evidence incriminating material is brought against any of them. Criminal Petition No.125‑R of 1987 is thus dismissed with the above observations.

6. Criminal Petition No .126‑R of 1987 is hereby dismissed as withdrawn.

M.I. /A‑197/S Petitions dismissed