| Citation(s) |
|---|
| 1981 SLG 3235 = 1981 SLD 3235 = 1981 SCMR 773 |
Supreme Court of Pakistan
Petition for Special Leave to Appeal No. 235 of 1973 , decided on 22nd October 1973. (From the judgment and order dated 8th June, 1973 passed by the Lahore High Court, Lahore, in Criminal Miscellaneous No. 726/B of 1970).
Presented By: Hamoodur Rehman, C. J. and Muhammad Gul, J
Q. M. Saleem, Advocate Supreme Court instructed by Maqbool Ahmad Qadri, Advocate-on-Record for Petitioner. Ghulam Bari Saleemi, Advocate Supreme Court instructed by Kh. Wali Muhammad, Advocate-on-Record for
Respondents Nos. 1 to 7. M. A. Ghani, Advocate Supreme Court for the State.
Petition for Special Leave to Appeal No. 235 of 1973 , decided on 22nd October 1973. (From the judgment and order dated 8th June, 1973 passed by the Lahore High Court, Lahore, in Criminal Miscellaneous No. 726/B of 1970).
Presented By: Hamoodur Rehman, C. J. and Muhammad Gul, J
Q. M. Saleem, Advocate Supreme Court instructed by Maqbool Ahmad Qadri, Advocate-on-Record for Petitioner. Ghulam Bari Saleemi, Advocate Supreme Court instructed by Kh. Wali Muhammad, Advocate-on-Record for
Respondents Nos. 1 to 7. M. A. Ghani, Advocate Supreme Court for the State.
MUHAMMAD AHMAD-Petitioner
VERSUS
MUHAMMAD YAQUB AND 6 OTHERS--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 not finding sufficient reasons to recall its earlier order granting bail and dis missing application of petitioner stating challan having been put in Court and all seven respondents having been trying to suborn main prosecution witnesses--Matter agitated before Supreme Court, notice issued to Advocate-General and counsel appearing on behalf of Advocate-General informing Court that on petitioner's similar complaint to Investigating Officer, such officer initiated security proceedings against respondents - Remedial action having been taken against respondents, case, held, calls for no interference by Supreme Court at such stage but if action taken by Police proves ineffective nothing prevents petitioner from moving committing Court for cancellation of bail and such Magistrate at liberty to cancel bail despite order of High Court. Date of hearing : 22nd October, 1973, JUDGMENT MUHAMMAD GUL, J.-This leave petition is from the order of a learned Single Judge of the Lahore High Court, dated 8th June, 1973, refusing to cancel the bail earlier allowed to respondents I to 6 herein, by his order dated 9th January, 1973 and of the seventh respondent who was enlarged on bail by the learned Sessions Judge, Lyallpur. All of them are accused in a case under sections 148 and 302/149, P. P. C. 2. On the night between 20th and 21st October, 1971, the petitioner's son, Muhammad Ashraf left his parental home taking a gun with him and did not return alive. Four days later, the petitioner lodged a report with the police about the disappearance of his son without suspecting any person of foul play. Later, on the same day, it appears Muhammad Ashraf's dead body was discovered in a sugar-cane field in the village. 3. The case relating…