GUL NAWAZ Alias GUL MOWAZ AND 2 Others vs THS STATE

1. HAMOODUR RAHMAN, C. J.-This is a petition for special leave to appeal from an order of a learned Single. Judge of the High Court of West Pakistan, Lahore, dismissing in limine a petition under section 498 of the Criminal Procedure Code for bail before arrest.

2. The petitioners have been accused of offences under sections 307 and 325 read with section 34 of the Pakistan Penal Code and the case is still in the investigation stage, for, no challan has yet been put in.

3. It appears that after the registration of the case they applied to the Sessions Judge, Mianwali for bail. They were granted interim bail but ultimately this was not confirmed and they were taken under arrest.

4. On 30-6-1969 they again approached the Ilaqa Magistrate who granted the bail on 10th July 1969.

5. The complainant applied to the Sessions Judge for cancellation of this bail. This application was allowed on the 26th September 1969 and the petitioners were directed to be taken under arrest.

6. The petitioners then moved the High Court but another learned Judge rejected their petition holding that they were not entitled to bail as they had inflicted as many as 46 injuries on the person of the victim with lathis and out of these 4 were grievous.

7. Notwithstanding this rejection the petitioners again moved the High Court on the 19th December 1969. This was dismissed on 17-1-1970 on the same grounds which had been petitioned out by the previous learned Judge as also on the ground that a second application does not lie on the same facts.

8. Learned counsel appearing in support of this petition contends that the case upon the First Information Report is one under section 308, P. P. C. Only and is therefore, a bailbiahl offence. It was not for the High Court at this, stage to say as to whether the; offence was one under section 308, or under: section 307, P. P. C. It does not necessarily follow that in a case where injuries had been caused by lathis the offence cannot come under section 307, P. P. C.

9. The High Court was in our view also right in holding that repeated applications for bail on the same facts did not lie in the High Court. This petition is without ally substance and; is, accordingly, dismissed, but this does not mean that to petitioners cannot apply for bail before the Magistrate again after the evidence has been recorded.