| Citation(s) |
|---|
| 2015 SLG 1244 2015 SLD 1244 2015 PLJ 859 |
Supreme Court of Pakistan
Crl. Petition No. 11-L of 2015, decision & hearing Dated: 28.01.2015. (On appeal from the judgment Dated 08.05.2014 of the Lahore High Court, Lahore, passed in Crl. Misc. No. 3186-B/2014)
ANWAR ZAHEER, JAMALI, JUSTICE, AMIR HANI MUSLIM, JUSTICE
Kh. Muhammad Sharif, ASC for Petitioner. Mr. Muhammad Arif Awan, ASC for Complainant. Ch. Muhammad Waheed Khan, Addl. P.G. Punjab for State.
Crl. Petition No. 11-L of 2015, decision & hearing Dated: 28.01.2015. (On appeal from the judgment Dated 08.05.2014 of the Lahore High Court, Lahore, passed in Crl. Misc. No. 3186-B/2014)
ANWAR ZAHEER, JAMALI, JUSTICE, AMIR HANI MUSLIM, JUSTICE
Kh. Muhammad Sharif, ASC for Petitioner. Mr. Muhammad Arif Awan, ASC for Complainant. Ch. Muhammad Waheed Khan, Addl. P.G. Punjab for State.
MUHAMMAD FIAZ @ BHOORA
VS
STATE AND ANOTHER
Law:
Section:
Criminal Procedure Code, 1898 (V of 1898)-- ----S. 265-C--Application u/S. 265-C, Cr.P.C. was pending adjudication and main trial was not commenced--Validity--Mere pendency of application under Section 2S5-C, Cr.P.C. does not amount to stay of trial--Trial Court shall proceed with trial irrespective of pendency of application, which may be decided on its own merits. Bail-- ----Accused was acquitted of charge on basis of compromise--Held: Right of an accused to concession of bail in a cognizable offence is not absolute--It is discretion which a Court exercises by transferring custody of an accused from jail to Court, which discretion is normally withheld if accused abuses concession by repeating offence after grant of bail--Criminal cases against petitioner prior to case in hand, prima facie, attracts, established norms. Bail-- ----Criminal record--Further inquiry--Precedents in bail matters are of no help to a party, as it varies from case to case depending upon facts of each case--Court has to examine as to whether accused has made out a case of further inquiry or not. Bail-- ----Specific role of firing--Further inquiry--Statement--F.I.R against accused was promptly lodged in which specific role of firing at deceased was attributed to petitioner--Prosecution witnesses examined, under Section 161, Cr.P.C. fully implicate Petitioner--No case of further inquiry has been made out. THIS JUDGMENT DELIVERED BY: Amir Hani Muslim, J.- The Petitioner seeks post-arrest bail in case F.I.R. No. 403/13 dated 8.7.2013, under Sections 302/34, PPC; registered at Police Station Gujjar Pura, Lahore. 2. It is contended by the learned Counsel for the petitioner that the case against the petitioner is of further inquiry as before the submission of the challan, investigation was conducted twice. In the first investigation report, the petitioner was declared innocent whereas in the second report, he was found present at the place of the occurrence. He next contended, that it is settled law that such like cases fall within the term "further inquiry", therefore, the petitioner is entitled to the concession of bail. He, in support of his contentions, has relied upon the cases reported…
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