| Citation(s) |
|---|
| 1976 SLG 3093 = 1976 SLD 3093 = 1976 PLD 139 |
Lahore High Court
Criminal Miscellaneous No. 1840/0 of 1975, decided on 2nd October 1975.
Presented By: Abdul Jabbar Khan, J
Kh. Sultan Ahmad for Petitioner. R. A. Awan for
Respondents.
Criminal Miscellaneous No. 1840/0 of 1975, decided on 2nd October 1975.
Presented By: Abdul Jabbar Khan, J
Kh. Sultan Ahmad for Petitioner. R. A. Awan for
Respondents.
CHUNI LAL-Petitioner
VERSUS
DITTOO AND 2 others-Respondents
Law: Criminal Procedure Code (V of 1898)
Section: 497(5), 148, 149
Law: Penal Code (XLV of 1860)
Section: 302
Criminal Procedure Code (V of 1898) S. 497(5)-Bail, cancellation of-Case registered under Ss. 148, 149, 302 & 307, P. P. C. - Maker of F. 1. R. and witnesses yet to be examined-Accused (4 in number) allegedly forming unlawful assembly, equipped with daggers, chasing, surrounding and stabbing victim to death-Accused also dubbed as smugglers, murderers and desperate persons-Matters yet to be considered by Court of Inquiry and trial Court-Bail granted by lower Court cancelled in circumstances of case-Penal Code (XLV of 1860), S. 302 read with Ss. 148 & 149. [Bail-Unlawful assembly]. Feroz and others v. The State P L D 1956 Lah. 854; Nawab and others v. The Crown P L D 19 54 Lah. 78; Amir Hussain v. The State 1971 P Cr. L J 297; Muhammad Saeed Khan v. Abdul Ghafoor P L D 1966 Lah. 86; Gulzarud din Ahmad v. State P L D 1965 Dacca 425; Emperor v. Abhairaj Kunwar A I R 1940 Oudh 8 and Fazal Hussain and 4 others v. The State 1974 P Cr. L J 161 ref: Muhammad Yaqoob v. Ghulam Qadir 1973 S C M R 498; Muhammad Yaqoob v. State 1971 P Cr. L J 106; Mahboob etc. v. State 1974 P Cr. L J 102 and Allah Ditta v. The State 1972 P Cr. L J 427 not applicable. M. Rafiq Butt for the State. JUDGMENT This order will dispose of two applications namely Criminal Misc. No. 1840/B-75 and Criminal Misc. 2156/8-75 filed by Chuni Lal petitioner under section 497(5), Cr. P. C. for the cancellation of bail of Dittoo and Boota (respondents in Cr. Misc. No. 1840/8-75), Mangta and Siddiq (respondents in Cr. Misc. No. 2156/8-75) granted to them by the learned Sessions Judge, Lahore vide his orders dated 25-4-1975 and 7-5-1975. respectively. The learned Sessions Judge while…