Case Details

Citation(s)
1982 SLG 137 1982 SLD 137 1982 SCMR 48
Supreme Court of Pakistan
Criminal Petition No. 64-R of 1981, decision dated: 11-11-1.981.(On appeal from the judgment and order of the Lahore High Court, Rawalpindi Bench, dated 7-10-1981 passed in Cr. Miscellaneous No. 266-B of 1981)
MUHAMMAD HALEEM, ACTG. C.J. AND SHAH NAWAZ KHAN, J
Zafar Mahmood, Advocate instructed by Ch. Akhtar Ali, Advocate-on-Record for Petitioner. Nemo for the State.

ABDUL HASSAN

VS

THE STATE

Law:

Section:

Criminal Procedure Code (V of 1898-- S. 497/498-Bail-Petitioner directly charged in promptly lodged First Information Report for causing two injuries with a gun to deceased -- Medical evidence not in conflict with F. I. R.-Case against petitioner yet to be tried-Contention as to other two accused having been released on bail-Off point in consideration due to their case not being before Supreme Court and no comments possible in their absence-Bail declined in circumstances-Penal Code (XLV of 1860), S. 302/34. ORDER SHAH NAWAZ KHAN, J.-Abdul Hassan petitioner and 2 others are charged for the murder of Zaheer Bibi, deceased, under section 302/34, P. P. C. and also for making murderous assault on Mst. Resham Jan under section 307/ 34, P. P. C. Muhammad Arshad one of the accused was released on bail by the Sessions Judge, Islamabad, and another accused Muhammad Zareef was released on bail by the High Court on 7th October 1981. The bail application of Abdul Hassan, petitioner, was rejected. He has now come to this Court through the present petition for leave to appeal seeking his release on bail. He has taken up several points in this petition in support of his contention and in particular he has referred to the cross criminal complaint which was written on 30-3-1981, but according to the Inquiry Report of Mr. Muhammad Mashkur Ahmad Khan, Magistrate First Class, Islamabad, it was filed in Court on 28-4-1981, wherein the father of Abdul Hassan, petitioner, had charged the…
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