| Citation(s) |
|---|
| 1977 SLG 91 1977 SLD 91 1977 SCMR 27 |
Supreme Court of Pakistan
Criminal Appeal No. 12-P of 1974, decision dated: 12th February 1975
MUHAMMAD GUL AND MUHAMMAD AFZAL CHEEMA, JJ
M. Qasim Imam, Advocate-on-Record for Appellant. Amirzada Khan, Advocate Supreme Court for
Respondents Nazir Ahmad, Advocate Supreme Court instructed by Nur Ahmad Khan, Advocate-on-Record for the State
Criminal Appeal No. 12-P of 1974, decision dated: 12th February 1975
MUHAMMAD GUL AND MUHAMMAD AFZAL CHEEMA, JJ
M. Qasim Imam, Advocate-on-Record for Appellant. Amirzada Khan, Advocate Supreme Court for
Respondents Nazir Ahmad, Advocate Supreme Court instructed by Nur Ahmad Khan, Advocate-on-Record for the State
GUL AHMAD
VS
MASAM KHAN AND 3 others
Law:
Section:
Criminal Procedure Code (V of 1898)--- ---Ss. 497 & 498-Bail-Mere fact of C. I. A. staff having in a subsequent investigation held accused respondents innocently a valid ground for enlargement of accused on bail in case of broad daylight occurrence resulting in double murder and fire-arm injuries to four persons, such persons not only implicating accused in their police statements but also deposing against them before Inquiry Magistrate. Rehmatullah alias Rehman v. The State 1970 S C M R 299 distinguished. (b) Precedents--- ----Authorities of Supreme Court by and large proceed on peculiar facts of each case-Great care and caution, hence, helot, needed in invocation of such authorities. Great care and caution is needed in the invocation of authorities of the Supreme Court which by and large proceed on the peculiar facts of each case. Having regard to the vast variety arid wide variance in the circumstances of cases and the indiscriminate application of a ruling given in one case to the facts of another, their Lordships of the Privy Council felt the necessity of observing in Louis Edouard Lanier v. The King that "no rule can be laid down which would not necessarily be, subject to future qualification, and an attempt to formulate any such rule might therefore, prove misleading. This note of caution was reiterated in Dennis Romain v. Attorney-General for Jersey. Both these authorities were pointedly referred to in the Supreme Court's elaborate in Noora's case. Louis Edouard Lanier v. The King L R, 1914 A C 221 ; Dennis Romain v. Attorney--General for Jersey A I R 1936 P C 160 and Noora's case P L D 1973 S C 469 ref. (c) Criminal Procedure Code (V of 1898)---- -- Ss. 497 & 498-Bail-Oldagc-Relevant consideration for grant of bail to persons of old age Infirmity-No medical evidence in support of old age of accused--Bail not admissible merely on account of old ago.-[Bail]. Nur Elahi v. The State P L D 1966 S C 708 distinguished. JUDGMENT MUHAMMAD AFZAL CHEEMA, J.--A case was registered at Badaber Police Station, District Peshawar, on the report of Gul Ahmad appellant against 8 accused including respondent No. 1 and his sons respondents- Nos. 2 and 3. They were…
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