| Citation(s) |
|---|
| 1966 SLG 5179 = 1966 SLD 5179 = 1966 PLD 279 |
WEST PAKISTAN, KARACHI
Criminal Miscellaneous Application No. 298 of 1965, decided on 2nd August 1965.
Presented By: Illahi Bakhsh Khamisani, J
A. K. Brohi, assisted by G. M. Shah for Petitioner. Murtuza Hussain for the State. Tufail Ali and Muhammad Hayat Junejo for
Respondents Nos. 2 and 3.
Criminal Miscellaneous Application No. 298 of 1965, decided on 2nd August 1965.
Presented By: Illahi Bakhsh Khamisani, J
A. K. Brohi, assisted by G. M. Shah for Petitioner. Murtuza Hussain for the State. Tufail Ali and Muhammad Hayat Junejo for
Respondents Nos. 2 and 3.
ASHIQ ALI-Applicant
VERSUS
THE STATE AND 2 OTHERS-Respondents
Law: Criminal Procedure Code (V of 1898)
Section: 497(1),497,498
Law: Penal Code (XLV of 1860)
Section: 302
Criminal Procedure Code (V of 1898)----S. 497(1)-Bail Considerations for granting bail in offences punishable with death or transportation for life-Much different from considerations on which bah can be granted in other offences-Sessions Judge, before committal stage, granting bail to accused charged with murder on ground that "there is no chance of the evidence being tampered with at this stage"-Such ground, in circumstances of case, held, not "the only relevant consideration" for granting bail-Sessions Judge in his order expressing himself on evidence on record so as to fetter discretion of lower Court on question of commitment of accused-Disapproved--Penal Code (XLV of 1860), S. 302. Muhammad Iqbal v. State P L D 1963 Lah. 279 distinguished. Muhammad Iqbal v. The State P L D 1963 Lah. 188 ref. Criminal Procedure Code (V of 1898)-----Ss. 497 & 498 Bail-Sessions Judge; before committal stage, granting bail to accused charged with offence of murder-Order of Sessions Judge expressing opinion on sufficiency or otherwise of evidence on record-Interference by High Court again amounting to expression of opinion likely to fetter discretion of committal Court-Accused allowed to remain on bail in circumstances of case-Penal Code (XLV of 1860), S. 302. Date of hearing : 26th July 1965. JUDGMENT This application which has been filed under sections 497 (5), 498, 561-A and 439, Cr. P. C. for the cancellation of bail granted to respondents Ghulam Ali and Shaukat Ali arises out of the following facts. The maternal grandfather of Amir Ali Ladiwala is alleged to have deposited a sum ofRs. 1,40,000 with Captain Amir Ali, Agent to His Royal Highness Prince Agha Khan. The maternal grand father of Amir Ali Ladiwala having died Amir Ali Ladiwala approached Captain Amir Ali for the return of Rs. 1,40,000. Captain Amir Ali denied all the knowledge of the alleged deposit of Rs. 1,40,000 and consequently refused to make payment. Amir Ali Ladiwala is therefore said to have entered into a conspiracy with respondents 2 and 3 who are his father-in-law and brother-in-law respectively and 9 others for committing…