| Citation(s) |
|---|
| 1981 SLG 145 1981 SLD 145 1981 SCMR 40 |
Supreme Court of Pakistan
(On appeal from the order of the Lahore High Court, Lahore dated 22-1-1980 and 2-12-1979 in Cr. Misc. Nos. 999/M-79, 1018-M/79, 4298-B/79, 3966-B/79 and Cr. Misc. 989-M/79 in Cr. Misc. 3008-B/79 respectively)
ASLAM RIAZ HUSSAIN, KARAM ELAHEE CHAUHAN AND SHAFI-UR-REHMAN, JJ
Yusuf Ali Khan, Advocate with S. Inayat Hussain Shah, Advocate-on-Record for Petitioner (in Cr. P. S. L. A. No. 42 of 1980). Abdul Basit Advocate Supreme Court with Sh. Abdul Karim, Advocate-on-Record for
Respondents Nos. 1 to 3. Ch. Muhammad Ashraf, Ad
(On appeal from the order of the Lahore High Court, Lahore dated 22-1-1980 and 2-12-1979 in Cr. Misc. Nos. 999/M-79, 1018-M/79, 4298-B/79, 3966-B/79 and Cr. Misc. 989-M/79 in Cr. Misc. 3008-B/79 respectively)
ASLAM RIAZ HUSSAIN, KARAM ELAHEE CHAUHAN AND SHAFI-UR-REHMAN, JJ
Yusuf Ali Khan, Advocate with S. Inayat Hussain Shah, Advocate-on-Record for Petitioner (in Cr. P. S. L. A. No. 42 of 1980). Abdul Basit Advocate Supreme Court with Sh. Abdul Karim, Advocate-on-Record for
Respondents Nos. 1 to 3. Ch. Muhammad Ashraf, Ad
Cr. P. S. L. A. No. 42 of 1980 KHUSHI MUHAMMAD
VS
MUHAMMAD HANIF AND 3 others Cr. P. S. L. A. No. 8 of 1980 NAZIR AHMAD ETC. vs THE STATE
Law:
Section:
(a) Criminal Procedure Code (V of 1898)-- Ss. 87, 88, 497 (4) & 498-Pre-arrest bail-Petitioners absconding and declared proclaimed offenders and proceedings under Ss. 87 & 88, Cr. P. C. initiated against them-Petitioners' earlier presence in complaint case in same occurrence of no avail to them to justify or mitigate their absence at crucial time when their trial was to start in supplementary challan case--High Court, held, justified in not extending petitioners antecedent benefit of pre-arrest bail. (b) Criminal Procedure Code (V of 1898) ----S. 498-Bail-Delay in trial amounting to abuse of process of Court Held ; Good and sufficient ground for enlargement of accused on bail.-[Delay-Abuse of process of Court]. Barkhurdar v. Liaqat Ali and 2 others P L D 1977 S C 434 rel. ORDER SHAFI-UR-REHMAN, J.-Khushi Muhammad, the petitioner is a complainant who seeks leave to appeal against the order of the Lahore High Court dated 22-1-1980 whereby Muhammad Hanif and his two brothers who stood trial under section 302/307 34 P. P. C. and are awaiting judgment were released on bail and the a request of the petitioner to recall their bail order was rejected. The other petition is by Nazir and his two associates who seek leave to appeal against the order of the Lahore High Court dated 3-12-1979 whereby pre-arrest bail in a case under section 307/324/34, P. P. C. was refused to them. 2. The facts necessary for the disposal of these two petitions are that on their 2nd of November 1977 an occurrence took place wherein on one side one Rashid was shot dead and that Mst. Sharifan received: firearm injuries on her face. On the other side in the same occurrence one Mst. Khurshid Bibi received firearm injuries and Muhammad Hanif, Muhammad Sharif and one Mst. Fateh Bibi were also injured. Khushi Muhammad one of the petitioners before us lodged F.1. R. No. 253 at Police Station Pattoki within about two hours of the occurrence charging Haji Rehmatullah since dead and his three sons the respondents' for the murder of Rashid and injuries to Mst. Sharifan. As regards the other injured, it was the case of one Muhammad Shafi that he had been approaching the police for getting a case…
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