Case Details

Citation(s)
2011 SLG 2061 2011 SLD 2061 2011 SCMR 606
Supreme Court of Pakistan
Criminal Petition for Leave to Appeal No. 50-K of 2010, decision dated: 16-06-2010
ANWER ZAHEER, JAMALI, KHILJI ARIF HUSSAIN AND RAHMAT HUSSAIN, JAFFERI, JJ

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ABDUL HAMEED

VS

. ZAHID HUSSAIN alias PAPU CHAMAN PATIWALA and others

Law:

Section:

Criminal Procedure Code (V of 1898)-------S. 497(2)---Constitution of Pakistan, Art.185(3)---Bail, grant of---Further inquiry---High Court had granted bail to respondents on the ground that there were counter cases between the parties; and it was yet to be determined as to who was the aggressor; therefore their case fell within the ambit of S.497(2), Cr.P.C. requiring further inquiry---Place of incident of both the cases had also been shown a footpath, corner of street---From that position it was prima facie clear that incidents of both the F.I.Rs. took place on the same date, time and place---Such point, however, could be properly thrashed out at the time of trial, but presently no exception could be taken with regard to the said position---No tentative findings could be given as to which party was the aggressor---High Court, in circumstances, was justified in granting bail to the respondents---Impugned order did not suffer from any illegality or irregularity and did not require any interference---Petition was dismissed. Mehmood A. Qureshi, Advocate Supreme Court and Mazhar Ali B. Chohan, Advocate-on-Record for Petitioner. Nemo for Respondents. ORDER On 24-2-2010 under the impugned order the High Court has granted bail to the private respondents on the ground that there were counter-cases between the parties and it is yet to be determined as to who was the aggressor therefore their case falls within the ambit of section 497(2), Cr.P.C. The learned Advocate for petitioner has stated that the incident of the present case was reported to the police and registered as Crime No. 238 of 2009 at…
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