Case Details

Citation(s)
2016 SLG 347 2016 SLD 347 2016 PLD 11 2016 PLJ 12
Supreme Court of Pakistan
Criminal Petition No. 604 of 2015, Dated: 08-09-2015
ANWAR ZAHEER, JAMALI, JUSTICE, EJAZ AFZAL KHAN, JUSTICE
Khakim Hussain Qaiser, ASC and Syed Rifaqat Husain Shah, AOR for Petitioner. Nemo for
Respondents.

ER NISAR AHMED

VS

--RespondentS THE STATE AND OTHERS

Law: Criminal Procedure Code (V of 1898)

Section: 200,497

Law: Pakistan Penal Code, 1860

Section: 148,149,302,324,337-A(i),337-A(ii),337-F (i),337-F(iii)

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, (XLV of 1860), Ss. 302, 324, 337-A(i), 337-A(ii), 337-F(i), 337-F(iii), 148 & 149--Bail, refusal of--Unlawful assembly--Specific role of causing fatal injury to deceased was assigned--Fresh grounds--Validity--Neither non-compliance of the directions issued to trial Court to conclude trial expeditiously or within some specified time can be considered as valid ground for grant of bail to an accused--Being alien to provisions of Section 497, Cr.P.C., nor filing of direct complaint will have any bearing as regards earlier bail refusing orders, which had attained finality, unless some fresh ground could be shown by petitioner for consideration of his request for grant of bail afresh, which was lacking--Bail was refused. THIS JUDGMENT DELIVERED BY: ANWAR ZAHEER JAMALI, JUSTICE:---.--- Petitioner is one of the nominated accused in crime No.324 of 2012, dated 08.12.2012, P.S. Shahkot, District Sahiwal, registered under sections 302, 324, 337-A(i), 337-A(ii), 337-F(i), 337-F(iii), 148, 149, PPC with the allegations that he along with nine other co-accused, while forming an unlawful assembly, committed qatl-i-amd of Yasir Abbas and caused injuries to three other persons. The petitioner was assigned specific role of causing fatal injury to the deceased. 2. The petitioner was arrested on 14.1.2013 and since then he is stated to be in custody. The first bail application moved him before the Lahore/High Court, being Criminal Miscellaneous No.2148-B of 2014, was dismissed on 04.6.2014; his second bail application, being Criminal Miscellaneous No.1735-B/2015 was dismissed vide order dated 15.5.2015 and the third bail application, being Criminal Miscellaneous No.3819-B of 2015, was dismissed as not pressed vide order dated 29.6.2015.…
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