| Citation(s) |
|---|
| 1979 SLG 506 1979 SLD 506 1979 SCMR 168 |
Supreme Court of Pakistan
Appeal No. 44 R of 1978, decision dated: 12th December 1978.On appeal from the judgment and order of the Lahore High Court in Cr. Misc. No. 1360/B of 1978
ANWARUL HAQ, C.J. AND NASIM HASAN SHAH, J
Atta ur Rehman, Advocate Supreme Court for Petitioner. Asif Jan, Assistant Advocate General (Punjab) with Sh. Ijaz Ali, Advocate on-Record for the State
Appeal No. 44 R of 1978, decision dated: 12th December 1978.On appeal from the judgment and order of the Lahore High Court in Cr. Misc. No. 1360/B of 1978
ANWARUL HAQ, C.J. AND NASIM HASAN SHAH, J
Atta ur Rehman, Advocate Supreme Court for Petitioner. Asif Jan, Assistant Advocate General (Punjab) with Sh. Ijaz Ali, Advocate on-Record for the State
KHALIL UR REHMAN
VS
THE STATE
Law:
Section:
Criminal Procedure Code (V of 1898) S. 497 (2) Bail Further inquiry Complaint filed by opposite party coming up before Magistrate after about a month of incident and delay sought to be explained by fact of police having refused to register case at complainant's instance Medical report on injury of petitioner and his father showing their having been examined on night of incident and petitioner's father shown having received a grievous injury from fire arm Case, on such facts, held, not a case of counter version having been put across by petitioner's father for purpose of obtaining bail but allegations made by him founded on some basis Sessions Judge, in circumstances, held further, not wrong in allowing bail to petitioner on ground of counter version put forward by him and his father indicating need for further inquiry. [Inquiry]. ORDER ANWARUL HAQ, C. J. After hearing the learned counsel for the parties we have decided to convert this petition into an appeal and to dispose of accordingly. At about 7 or 8 p.m. on the 8th of June, 1977, a quarrel took place between the petitioner Khalil ur Rehman and his father Rehmat on the one hand, and the complainant Muhammad Ishaq and his companions on the other hand, which resulted in injuries to Abdur Rehman deceased, who expired on the 19th of June, 1977. The First Information Report was made at Police Station, Okara by Muhammad Ishaq at 0 35 a.m. during the same night. It is alleged that the petitioner's father Rehmat Khan also tried to lodge a counter report, but it was not registered by the police, with the result that he filed a private complaint on the 7th of July, 1977, against Muhammad Ishaq, Babu Muhammad Sharif, Jalal, Abdur Rehman deceased, Syed Usman Ali Shah and Faiz Ahmad, and in that complaint the accused persons were summoned by a Magistrate of the First Class by his order dated 28th of November, 1977. By an order made on the 29th of January, 1978, the learned Additional Sessions Judge, Sahiwal, allowed bail to the petitioner, primarily on the ground that there was a counter version of the incident, in which the prosecution witnesses had been summoned as accused persons, on the basis of evidence that theβ¦
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