| Citation(s) |
|---|
| 2016 SLG 2570 2016 SLD 2570 2016 PCRLJ 1578 |
Lahore High Court
MUHAMMAD YAWAR ALI, JUSTICE
Faisal Ghafoor Khokhar for Petitioner. Aftab Hussain Bhatti for
Respondent No.1.
MUHAMMAD YAWAR ALI, JUSTICE
Faisal Ghafoor Khokhar for Petitioner. Aftab Hussain Bhatti for
Respondent No.1.
MUHAMMAD SHAKEEL KHAN
VS
. ALI RAZA AND OTHERS
Law:
Section:
(a) Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Penal Code (XLV of 1860), Ss. 302, 109, 148 & 149---Qatl-i-amd, abetment, rioting being armed with deadly weapons and common object---Bail, cancellation of---Accused was alleged to have caused two fire arm injuries on body of deceased, which resulted in his death---Alleged occurrence happened during dead of night---Complainant had seen occurrence taking place clearly---Cause of death suggested by final post-mortem examination report had supported complainant's version as to injuries caused by accused---Alleged injuries were sufficient to cause death in ordinary course of nature---Port-mortem examination report lent credence to prosecution case---Trial Court, while granting bail to accused lost sight of fact that all accused persons had been nominated in promptly lodged FIR, and specific role had been ascribed to each of them---Two fire injuries, which had contributed towards death of deceased, were attributed to accused and to none else---No plausible explanation could be provided as to why complainant would leave real culprits and, in their place, implicate present accused with commission of offence immediately after offence had been committed---Accused had been charged with offence which not only fell within prohibitory clause of S. 497(5) of Cr.P.C. but also attracted capital punishment---No cogent material was available on record to make present case one of further inquiry into guilt of accused---Post-arrest bail, earlier allowed to accused, was cancelled---Application for cancellation of bail was allowed accordingly. Malik Javaid Iqbal v. The State and others PLD 2015 SC 250 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Bail, cancellation of---Principles---High Court, in normal circumstances, would not cancel bail earlier allowed to accused, but where bail granting order is perverse, patently illegal and passed in violation of settled principles as to grant of bail, High Court would not hesitate in interfering and cancelling bail. The State/Anti-Narcotic through Director-General v. Rafiq Ahmad Channa 2010 SCMR 580 rel. (c) Criminal Procedure Code (V of 1898)--- ----S.…
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