LIAQAT ALI Versus STATE

ORDER

SAIDUZZAMAN SIDDIQUI, C. J.--- The petitioner is seeking leave to appeal against the order of a learned Judge in Chambers of Lahore High Court, Multan Bench, dated 8-7-1999 whereby the petitioner was refused bail in a case registered against him under section 302, P.P.C.

2. The learned counsel for the petitioner contends that his client is entitled to the grant of bail in the case as according to prosecution case, he had killed deceased Malik Hussain son of Khadim Hussain after having seen the deceased in a compromising position with his daughter, Shazia. The learned counsel contends that the circumstances mentioned in the F.I.R. gave right of self-defence to the petitioner in terms of the Injunctions of Islam. In support of his contention, the learned counsel has relied on the case State v. Muhammad Hanif and 5 others (1992 SCMR 2047). We are unable to accept the contention of learned counsel for the petitioner. The plea of self-defence raised by the petitioner can be considered at the trial as a defence plea. At this stage, it is not possible to consider this plea of the petitioner. Apart from it, the case relied by the learned counsel for the petitioner was an appeal filed by the State which arose after the final decision of the case. The grant or refusal of bail by the High Court was purely in exercise of discretionary power of the Court which. cannot be interfered with lightly. We have not been able to discover any legal infirmity in the view taken by the High Court. The petition is, accordingly dismissed and leave is refused.