| Citation(s) |
|---|
| 1980 SLG 3012 = 1980 SLD 3012 = 1980 SCMR 28 |
Supreme Court of Pakistan
Petition for Special Leave to Appeal No. 248 of 1979, decided on 18th June 1979. (On appeal from the order of the Lahore High Court dated 20th of May 1978 in Criminal Miscellaneous No. 3852/13 of 1978).
Presented By: Aslam Riaz Hussain, Karam Elahee Chauhan and Muhammad Afza1 Zullah, JJ
Agha Abdul Ali Khan, Advocate and Sheikh Abdul Karim, Advocate-on- Record for Petitioners. G. A. Farid, Advocate for
Respondent No. 1. Sh. Ijaz Ali, Advocate-on-Record for
Respondent No. 2.
Petition for Special Leave to Appeal No. 248 of 1979, decided on 18th June 1979. (On appeal from the order of the Lahore High Court dated 20th of May 1978 in Criminal Miscellaneous No. 3852/13 of 1978).
Presented By: Aslam Riaz Hussain, Karam Elahee Chauhan and Muhammad Afza1 Zullah, JJ
Agha Abdul Ali Khan, Advocate and Sheikh Abdul Karim, Advocate-on- Record for Petitioners. G. A. Farid, Advocate for
Respondent No. 1. Sh. Ijaz Ali, Advocate-on-Record for
Respondent No. 2.
MUHAMMAD HUSSAIN SHAH ETC.-Petitioners
VERSUS
BASHIR AHMAD AND ANOTHER-Respondents
Law: Criminal Procedure Code (V of 1898)
Section: 497(5)
Criminal Procedure Code (V of 1898) S. 497(5)-Bail, cancellation of-High Court cancelling bail on ground of accused having murdered on to prosecution witness and injured another after being released on bail-Fact of one prosecution witness being murdered and another injured, held, bound to result in intimidation of remaining prosecution witnesses in case in hand-High Court accordingly justified in cancelling petitioner's bail. Date of hearing : 18th June, 1979. ORDER ASLAM RIAZ HUSSAIN, J.-Muhammad Hussain and Fateh Muhammad petitioners are accused along with some others under section 302/ 307/148;149, P. P. C. They were granted bail by the learned Sessions Judge but the same was cancelled by a learned Single Judge of the High Court vide the impugned judgment dated 20th of May, 1979, on the ground that after being released on bail in the aforementioned case they had murdered Ulfat, one of the prosecution witnesses in the said case and injured Ali Sher, another prosecution witness in the same case. Feeling aggrieved…