Case Details

Citation(s)
2004 SLG 2860 2004 SLD 2860 2004 PLD 477
Supreme Court of Pakistan
Criminal Petition No. 829-L of 2003, decided on 10th March, 2004.
IFTIKHAR MUHAMMAD CHAUDHRY AND SARDAR MUHAMMAD RAZA KHAN, JJ
Rana Muhammad Arshad Khan, Advocate Supreme Court for Petitioner. Mrs. Afshan Ghazanfar, Asstt. Advocate General (Pb.) for the State. Nemo for
Respondent

MUHAMMAD UMAR

VS

THE STATE and another

Law:

Section:

Criminal Procedure Code (V of 1898)----- ----S. 497---Penal Code (XLV of 1860), S. 324/109/34---Constitution of Pakistan (1973), Art. 185(3)---Bail, grant of---Accused, according to medical certificate had allegedly fired upon the outer side; of the right leg's middle part of the injured witness and, prima facie, he appeared to have no intention to fire upon any vital part of the said witness for the purpose of launching murderous assault ---Challan had been submitted in the Court, trial had commenced, accused was in custody since the date of his arrest and was no more required for investigation---No useful purpose could be served by keeping the accused in custody in circumstances---Accused was admitted to bail accordingly. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, J.---This petition has been filed for leave to appeal against the judgment of the Lahore High Court, dated 18th November, 2003, whereby request of petitioner Muhammad Umar for grant of bail has been declined. 2. Precisely stating the facts of the case are that petitioner Muhammad Umar is facing trial in a case under section 324/109/34, P.P.C. in pursuance of F.I.R. registered on 19th July, 2003 in respect of occurrence took place on 18th July, 2003 at about 8-00 p.m. wherein statedly petitioner fired upon injured Shahid Iqbal and caused injuries on the outer side of right leg's middle part. It is stated that he allegedly committed the crime on the instigation/abetment of the co-accused Muhammad Munir. After registration of the case, petitioner was arrested on 22nd July, 2003. Police completed the investigation and submitted challan before the Judicial Magistrate, where tie is facing the trial. After submission of the challan evidence of the witnesses has been recorded. Petitioner's request for grant of bail has been declined by the Trial Court as well as by the learned High Court. As such instant petition…
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