Case Details

Citation(s)
1976 SLG 193 1976 SLD 193 1976 SCMR 171
Supreme Court of Pakistan
Criminal Appeal No. 71 of 1975 out of Criminal Petition for Special Leave to Appeal No. 62-R of 1975, decision dated: 10th December 1975
ANWARUL HAQ AND MUHAMMAD HALEEM, JJ
Muhammad Ismail, Advocate Supreme Court Instructed by Rana Maqbool Ahmad Qadri. Advocate-on-Record for PetitionerAppellant. Sh. Riaz Ahmed, Assistant Advocate General for the State

SARDAR KHAN

VS

THE STATE

Law:

Section:

Criminal Procedure Code (V of 1898)-' Ss. 497 & 498-Bail-Cancellation of bail on ground of concealment of dismissal of earlier bail application on merits-Accused appellant found to have stated in application as having been unsuccessful in getting bail before arrest although he failed to give particulars of previous application, and of the order passed there on ­Case, held, not one of concealment of facts but of failure to give particulars of applications-Appellant attributed role of investigator, "lowly alleged against persons to implicate them otherwise, gad trial Court yet to determine whether case made out against accused appellant for sharing common object with those committing murder---Accused appellant's case, held, covered by S. 497(2) entitling him to bail--Bail allowed.-[Bail]. JUDGMENT MUHAMMAD HALEEM J.--This petition for special leave to appeal is from the order of a learned Single Judge of the Lahore High Court, dated the 18th June, in Criminal Revision No. 513 of 1975 by which it was dismissed. The petitioner alongwith his five sons was implicated for the murder of Noor Muhammad alias Boota in pursuance of F. I. R. having been lodged at police station Daranwala, Tehsil Chistian, District Bahawainagar, and a case was accordingly registered under sections 148, 302 read with 149, P. P. C. It was alleged In the F. I. R. that he was empty-handed but that h. exhorted his sons to kill the deceased, who was beaten to death with sticks. The petitioner apprehending his arrest moved four applica­tions for bail before arrest but they were dismissed by the High Court. Thereafter he was arrested on 2nd April 1975 and while in custody he moved another bail application before the Sessions Judge, Bahawalnagar, who granted him bail lay order dated 5th April, 1975. Muhammad lqbal, the complainant thereupon moved the Court for the cancellation of bail and a notice of that application was served on him while 6e wag still in jail. On being released from jail he appeared in the Court on 17th April, 1975, on which date his bail was cancelled. Being thus aggrieved he assailed that order in Criminal Revision No. 513 of 1975, which applica­tion was also dismissed as…
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