| Citation(s) |
|---|
| 1976 SLG 260 1976 SLD 260 1976 SCMR 292 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 54-R of 1975, decision dated: 11th December 1975
ANWARUL HAQ AND MUHAMMAD HALEEM, JJ
Awan Muhammad Hanif Khan, Advocate Supreme Court instructed by Rana Maqbool Ahmad Qadri, Advocate-on-Record for Petitioner Hakim Sardar Muhammad, Advocate Supreme Court for
Respondents
Civil Petition for Special Leave to Appeal No. 54-R of 1975, decision dated: 11th December 1975
ANWARUL HAQ AND MUHAMMAD HALEEM, JJ
Awan Muhammad Hanif Khan, Advocate Supreme Court instructed by Rana Maqbool Ahmad Qadri, Advocate-on-Record for Petitioner Hakim Sardar Muhammad, Advocate Supreme Court for
Respondents
Mst. SAKINA BIBI
VS
SULTAN AND another
Law:
Section:
Constitution of Pakistan (1973)- -----Art. 187 read with Criminal Procedure Code (V of 1898), S. 498-Bail, cancellation of-Occurrence found' by High Court to be a sudden flare up and not possible to state whether respondent accused shared common intention with other accused to kill deceased - Allegations tentatively supporting finding of High Court-No impropriety, held, in High Court's order enlarging respondent accused on bail-Material coming on record sustaining pre-concert in action of both accused competent authority will justifiably consider consideration of cancellation of bail in future. ORDER MUHAMMAD HALEEM, J.---This is a petition for special leave to appeal from the order of the learned Single Judge of the Lahore High Court, dated the 1st July, 1975, by which the first respondent was enlarged on bail. The first respondent along with Najib Hussain were accused of having committed murder of Bashir Ahmad to his wheat field at 10-00 a.m. on 14th April, 1974 in regard to which an F. I. R. was lodged by the petitioner at Police Station Khatian, District Gujrat. It was alleged that while the petitioner and the deceased were harvesting the wheat crop in their field, Najib Hussain and the first respondent took their donkey which was loaded with cut wheat sticks across the field, upon which the deceased protested as to why they were damaging his wheat crop. Najib Hussain thereupon unloaded the donkey and took out a hatchet from the load and gave a blow with it on the head of the deceased who fell down. The first respondent gave a sota blow on his head while Najib again gave a…
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