Case Details

Citation(s)
1980 SLG 302 1980 SLD 302 1980 SCMR 613
Supreme Court of Pakistan
Criminal Petitions for Special Leave to Appeal Nos. 446, 453, 459, 460 and 465 of 1979, decision dated: 16-12-1979.
DORAB PATEL AND SHAFI UR RAHMAN, JJ

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TALIB HUSSAIN AND OTHERS

VS

THE STATE

Law:

Section:

(a) Criminal Procedure Code (V of 1898) S. 497 Bail in non bailable offence Petitioners complained against under S. 302/307 Complicated case being investigated after a delay of more than four years and witnesses becoming difficult to trace with passage of time Delay in investigation, in circumstances of case, does not entitle petitioners to bail Investigations not yet having been completed, Court not impressed by allegation of mala fides Submissions of counsel of parties turning on sifting of evidence Held, Supreme Court, as ultimate Court, cannot enter into a tentative appreciation of evidence in bail cases unless absolutely necessary to do so. [Evidence]. (b) Evidence Act (I of 1872) S. 114, illus. (b) Accomplice Degree of infirmity attached to evidence of accomplice Depends on moral depravity of accomplice and role played by him in crime for which accused standing trial.-[Accomplice]. D. M. Awan, Advocate and Sh. A. Karim. Advocate on Record for Petitioners (in Cr. P. No. 446 of 1979). M. B. Zaman, Senior Advocate, Malik M. Azam Rasul, Advocate and Ch. M. Aslam, Advocate on Record for Petitioner (in Cr. P. No. 453 of 1979). Raja M. Anwar, Senior Advocate and M. Aslam Chaudhry, Advocate-¬on Record for Petitioner (in Cr. P. No. 459 of 1979). Shaukat Ali, Senior Advocate and Ejaz Ahmad Khan, Advocate on-¬Record for Petitioner (in Cr. P. No. 460 of 1979). M. S. Baqar, Advocate and Sh. A. Karim, Advocate on Record for Petitioner (in Cr. P. No. 465 of 1979). S. M. Zubair, Assistant Advocate General (Punjab) and Sh. Ijaz Ali, Advocate on Record for the State (in all Petitions). Date of hearing: 16th December, 1979. ORDER DORAB PATEL, J. The Opposition parties, which had formed in 1973 a group known as the United Democratic Front (UDF), had called a public meeting in Liaqat Bagh, Rawalpindi, on the 23rd March, 1973, and it is not disputed that the Government of Mr. Bhutto was against the convening of this meeting, therefore, the District Magistrate had proclaimed section 144 of the Criminal Procedure Code. And, it is common ground between the learned counsel that Police posts had been set up in order to prevent persons from bringing arms and ammunition to…
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