| Citation(s) |
|---|
| 1981 SLG 410 1981 SLD 410 1981 SCMR 734 |
Supreme Court of Pakistan
Criminal Review Petition No. 15-R of 1978, decision dated: 23rd February, 1980.(On appeal from the judgment and order of the Lahore High Court, dated 47-04-1978 in Cr. Misc. 818-B of 1978)
DORAB PATEL AND NASIM HASAN SHAH, JJ
Shaukat Ali, Senior Advocate and Ejaz Ahmad Khan, Advocate-on-Record for Petitioner. Sardar Muhammad Iqbal, Senior Advocate and Malik Salim Ahmad, Advocate-on-Record for
Respondents. Tanvir Ahamad, Assistant Advocate-General (Pb.) and Sh. Ijaz Ali, Advo
Criminal Review Petition No. 15-R of 1978, decision dated: 23rd February, 1980.(On appeal from the judgment and order of the Lahore High Court, dated 47-04-1978 in Cr. Misc. 818-B of 1978)
DORAB PATEL AND NASIM HASAN SHAH, JJ
Shaukat Ali, Senior Advocate and Ejaz Ahmad Khan, Advocate-on-Record for Petitioner. Sardar Muhammad Iqbal, Senior Advocate and Malik Salim Ahmad, Advocate-on-Record for
Respondents. Tanvir Ahamad, Assistant Advocate-General (Pb.) and Sh. Ijaz Ali, Advo
MUHAMMAD AZAM
VS
KHALID JAVED GILLAN, ETC.
Law:
Section:
(a) Criminal Procedure Code (V of 1898)--- S. 497(5)-Bail, cancellation of-Bail pressed on basis of alibi and some other grounds-Supreme Court being reluctant to make any observations likely to affect case of parties in Sessions Court allowed bail on basis of plea of alibi due to its being supported by a certificate issued by Medical Superintendent of Mental Hospital at L while occurrence allegedly taking place at a distant place X' on same day-Material about respondent's mental condition and material about manner of his admission in Mental Hospital, held, not relevant to order granting bail and order of Court not open to review on such ground-Constitution of Pakistan (1973), Art, 188.-[Review by Supreme Court]. (b) Criminal trial- -- Newspaper reports-Held, not evidence.-[Evidence]. (c) Constitution of Pakistan (1973)- -- Art. 188-Review by Supreme Court---Summoning of evidence by Supreme Court at instance of applicant to help him make out a case for review-Held, ridiculous prayer.-[Review by Supreme Court-Evidence]. (d) Criminal trial--- '-- Mere fact of retirement of Doctor issuing certificate after long years of service-Does not mean such doctor having been guilty of any impropriety-Order in such behalf not indicating doctor having been retired on ground of misconduct--No material, held, shown which could by remotest inference lead to view that Supreme Court erred in relying on certificate issued by such Doctor to respondent--Constitution of Pakistan (1973), Art. 188. (e) Constitution of Pakistan (1973)- -.--- Art. 188 - Review by Supreme Court-Review, held, cannot be admitted on basis of material which could have been but was not through negligence produced at appropriate time.--[Review by Supreme Court]. (f) Constitution of Pakistan (1973)- ---- Art. 188-Review by Supreme Court--Review of order granting bail sought on ground of such order having prejudiced petitioner's case in trial Court--Observations in bail orders always being of tentative nature, submission that bail should not be granted on ground of likelihood of its causing prejudice to complainant, held, an absolutely absurd proposition and should never have been advanced in a superior…
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