KHUSHI MUHAMMAD vs The STATE
This petition for special leave to appeal was filed against the order of the High Court of West Pakistan, Lahore, which dismissed the petitioner's application for suspension of sentence and grant of bail pending the decision of his criminal revision petition. The petitioner had been convicted under Section 307 of the Pakistan Penal Code 1860 for causing an injury to the victim's head with a hatchet (kulhari) and was sentenced to three years' rigorous imprisonment. The core legal question before the Supreme Court was whether the High Court exercised its discretion properly in refusing to suspend the sentence and grant bail pending criminal revision. The Supreme Court held that the High Court had exercised its discretion on sound judicial principles and that the impugned order called for no interference. The petition for special leave to appeal was accordingly dismissed, reaffirming the principle that appellate courts will not interfere with a High Court's discretionary refusal of bail pending revision unless sound judicial principles have been violated.
- Whether the Supreme Court should interfere with a High Court's order refusing to suspend sentence and grant bail pending criminal revision when discretion was exercised on sound judicial principles?
- Whether a conviction under Section 307 of the Pakistan Penal Code 1860 for inflicting a head injury with a hatchet warrants the suspension of sentence during the pendency of a revision petition?
- What standard of review does the Supreme Court apply when evaluating a High Court's discretionary rejection of a bail application pending revision?
- Section 307, Pakistan Penal Code 1860
- Section 323, Pakistan Penal Code 1860
- Section 326/34, Pakistan Penal Code 1860
ORDER
1. WAHIDUDDIN AHMAD, J.-This petition for special leave to appeal is directed against the order of the High Court of West Pakistan, Lahore, dated the 10th February 1970 in Cr. Misc. No. 1/70 in Cr.
2. Revision No. 1325 of 1969. By this order, a learned Single Judge of the High Court dismissed the bail application filed by the petitioner. He directed that the main case may be disposed of at an early date.
3. On the 27th May 1958, the petitioner, who is alleged to be armed with kalhari, gave a kulhari blow to Chiragh on his head as a result of which he fell down. A case was registered against the petitioner under section 307, and section 326/34, P. P. C. After investigation, Khurshid son of Nizam Din, co- accused was acquitted and the petitioner was convicted under section 307, P. P. C. By the Magistrate, Vehari, by order dated the 20th October 1969, to a sentence of three years' rigorous imprisonment and a fine of Rs. 300 in default of which the petitioner has to undergo a further rigorous imprisonment for three months. This order was upheld by the Additional Sessions Judge, Multan, on the 3rd December 1969. The petitioner has now taken the matter to the High Court in Cr.
4. Revision No. 1325 of 1969, which was admitted for hearing on the 10th December 1969. His application for suspension of sentence and granting bail was rejected by the impugned order dated the 10th February 1970.
5. Syed Ali Raza, learned counsel for the petitioner, has urged that the petitioner should not have been convicted under section 307, P. P. C. At best it was a case under section 323, P. P. C. He further contended that it was a fit case in which the petitioner should have been released on bail. The conten--tion of the learned counsel has not impressed us. After going through the record, we are satisfied that the High Court has exercised the discretion vested in it on sound judicial principles.
6. The impugned order calls for no interference. The petition is dismissed.