Case Details

Citation(s)
1979 SLG 491 1979 SLD 491 1979 SCMR 112
Supreme Court of Pakistan
Criminal Petition for Special Leave to Appeal No. 411 of 1978, decision dated: 19th October 1978.On appeal from the judgment and order of the Lahore High Court, Lahore, dated 30 9 1978 in Criminal Miscellaneous No..3672 B of 1978
ANWARUL HAQ, C.J. AND KARAM ELAHEE CHAUHAN, JJ
S. Jamil Hussain Rizvi, Senior Advocate, Talib Hussain Rizvi, Advocate Supreme Court and S. Ali Imam Naqvi, Advocate on-Record for Petitioner. Nemo for the State

Syed WAJI UL HASSAN ZAIDI

VS

THE STATE

Law:

Section:

Criminal Procedure Code (V of 1898) ----S.497 Bail Prosecution evidence Cannot be sifted in minute details at stage of bail application Case registered after a responsible inquiry held by Assistant Commissioner Various abductees including females recovered from various places in different districts and such persons having their woeful tales to tell Very difficult at stage of bail to state all evidence direct or circumstantial against petitioner being false Petitioner having ample opportunity to demonstrate his point of view during trial No fundamental error of law or violation of any principle relevant for administration of justice in criminal cases warranting interference in discretionary order of High Court pointed out and High Court passing order by keeping overall facts and circumstances of case in view Interference declined and petition dismissed Constitution of Pakistan (1973), Art. 185(3). ORDER KARAM ELAHEE CHAUHAN, J. The petitioner who is a retired Superintendent of Police is involved in a case under sections 148/149/452/376, 366/365/364/363/362/366, P. P. C. as per F. 1. R. No. 17 registered at Police Station, Jhelum City on 18 8 1978, on a written complaint of the Assistant Commissioner, Jhelum. According to the Prosecution case the petitioner had a dispute with Khushi Muhammad regarding some land 'from which the petitioner wanted to evict him. Having failed to secure his eviction through any Court of competent jurisdiction, it is alleged, that on the night between 16th and 17th August 1978, the petitioner alongwith others launched an attack as a result whereof the entire family of Khushi Muhammad including female members were lifted and some of them were taken away to District Sargodha and some to Kamalia, District Faisalabad. Some of the female members were molested and even raped. The occurrence caused a sensation in the district and the Deputy Commissioner entrusted its inquiry to the Assistant Commissioner, who after recording the statements of Ghulam Fatima daughter in law of Khushi Muhammad and various others, directed the registration of the aforesaid F. I. R. 2. The petitioner filed an application for bail before arrest but the same was…
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