Case Details

Citation(s)
1980 SLG 3088 = 1980 SLD 3088 = 1980 SCMR 133

Criminal Appeal No. 18 in Cr. P. S. L. A: No. 25/R of 1979, decided on 30th April, 1979. (Appeal against the judgment and order dated 21st February, 1979 of Peshawar High Court, Circuit Bench at Abbottabad in Cr. Misc. Applica tion 55/78).
Presented By: Dorab Patel, G. Safdar Shah and Karam Elahee Chauhan, JJ
Zafar Mahmood, Senior Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Petitioner. Akhtar Mahmood, Advocate-on-Record for
Respondent No. 1. Muhammad Ajmal, Advocate Supreme Court on behalf of Advocate- General (N.W. F. P.) for the State.

Raja GEORGE SIKANDAR ZAMAN KHAN-Petitioner

VERSUS

Raja GHULAM SARWAR KHAN AND ANOTHER-Respondents

Law: Criminal Procedure Code (V of 1898)

Section: 497(5)

Law: Constitution of Pakistan, 1973

Section: 185(3)

Criminal Procedure Code (V of 1898)  S. 497 (5) - Bail, cancellation of - Accused respondent's age according to his service record fifty-four years but claiming to be an old man of 70 years of age and by such misrepresentation misleading High Court into enlarging him on bail on account of old age -Accused having secured bail by resorting to dubious and sharp tactics, bail granted by High Court recalled-Constitution of Pakistan (1973), Art. 185 (3). Date of hearing : 30th April, 1979.                                                                                                                         ORDER G. SAFDAR SHAH, J.-On 7th September, 1978 at 7.55 P.M. com plainant Raja George Sikandar Zaman Khan lodged report with Muazzam Shah S. H. O. of the Khanpur Police Station to the effect that while returning from village Harmal, where he had gone to offer 'Fateha', his motor wagon No. AD-8, in which he and his servants were travelling, was fired upon at a point called `Lapera' from the adjoining maize crop fields, as a result of which his driver named Muhammad Aslam was hit by pallets on his right leg. No one was named by him in the F. I. R. as the occurrence had taken place in the dark hours of the night, but in the early hours of the next morning, when the Investigating Officer, visited the spot, he found a purse containing the identity cards of accused Muhammad Din, his son Feroz Din and of two ladies of their household, as well as Rs. 53 in currency notes, and a receipt showing the purchase of a wrist watch from Kohinoor Watch Company. Upon the recovery of the said material, the Investigating Officer interrogated Muhammad Din and Feroz Din who are alleged to have volunteered to make confessional statements. According ly, the Investigating Officer got their confessional statements recorded in which they not only implicated themselves in the…
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