Case Details

Citation(s)
1981 SLG 3250 = 1981 SLD 3250 = 1981 SCMR 820
Supreme Court of Pakistan
Criminal Petition for Special Leave Appeal No. 181 of 1977, decided 13th December, 1977, (On appeal from Lahore High Coutt Order dated 26th July, 1977).
Presented By: Waheeduddin Ahmad, Muhammad Akram and Nasim Hasan Shah, JJ
R. A. Awan, Advocate Supreme Court and S. Inayat Hussain.. Advo cate-on-Record for Petitioner. Sh. Zafarullah, Advocate Supreme Court and Sh. Abdul Karim Advo cate-on-Record for the State.

MUHAMMAD ARIF-Petitioner

VERSUS

THE STATE-Respondent

Law: Criminal Procedure Code (V of 1898)

Section: 497(5)

Criminal Procedure Code (V of 1898) S. 497(5)-Bail, cancellation of-Petitioner alleged to have held deceased in Japha while co-accused gave blows to deceased- Release of petitioner on bail by Sessions Court, held, justifiably cancelled by High Court not only for reason of action of peti tioner having facilitated giving of blows to deceased by co-accused but also for reason of having been captured on spot and handed over to Police. Zarin Shah v. State 1974 S C M R 376 and Shahid lqbal v. State 1976 P Cr. L 1758 ref. Date of hearing : 13th December, 1977.                                                                                                                                                             ORDER WAHEEDUDDIN AHMAD. J.-This petition is directed against the order of the Lahore High Court in Criminal Revision No. 97 of 1977, dated 26th July, 1977. By this Order, the High Court cancelled the bail allowed to r the petitioner. Briefly the facts leading to the present petition are that on 7th September, 1976 a case F. 1. R. No. 286 under section 302/34, P. P. C. was registered at Police Station, Baghbanpura, Lahore on the statement of one M. Ibrahim son of Haji Nawab Din against three persons namely the petitioner, M. Ibrahim alias Kala and M. Munir. It was alleged that they had committed the murder of M. Nazir at about 6 p. m. on 7th September, 1976 near the crossing of Daroghawala, Lahore. The petitioner was granted bail by the learned Additional Sessions Judge Lahore on 25th January, 1977. This bail was cancelled by a learned Judge of the Lahore High Court and the petitioner seeks permission to file an appeal against the said order. The allegation against the petitioner is that he held the deceased in a Japha and his co-accused Ibrahim alias Kala and Munir thus…
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