| Citation(s) |
|---|
| 1982 SLG 298 1982 SLD 298 1982 SCMR 384 |
Supreme Court of Pakistan
Criminal Petition No. 578 of 1980, decision dated: 15-11-1980.(On appeal from the judgment and order of the High Court dated 26-10-1980 passed in Criminal Miscellaneous No. 2505 B(1)/1980)
ANWARUL HAQ, C.J. MUSHTAQ HUSSAIN AND SHAFIUR REHMAN, JJ
Ijaz Hussain Batalvi, Senior Advocate Supreme Court with M. A. Zafar, Advocate Supreme Court instructed by Ch. Muhammad Aslam, Advocate-on-Record for Petitioners. Nemo for the State.
Criminal Petition No. 578 of 1980, decision dated: 15-11-1980.(On appeal from the judgment and order of the High Court dated 26-10-1980 passed in Criminal Miscellaneous No. 2505 B(1)/1980)
ANWARUL HAQ, C.J. MUSHTAQ HUSSAIN AND SHAFIUR REHMAN, JJ
Ijaz Hussain Batalvi, Senior Advocate Supreme Court with M. A. Zafar, Advocate Supreme Court instructed by Ch. Muhammad Aslam, Advocate-on-Record for Petitioners. Nemo for the State.
MUHAMMAD SHAFIQ AND another
VS
THE STATE
Law:
Section:
Criminal Procedure Code (V of 1898)--- S. 498-Bail-High Court exercising Discretion properly in refusing to confirm bail granted earlier-Not possible for High Court to declare at bail stage complaint made against petitioners being completely false and without foundation and no incident having taken place-High Court, held, right in saying that law should take its normal course and no justification existed for allowing pre-arrest bail to petitioners-Penal Code (XLV of 1860), Ss. 148, 362, 452 & 506. ORDER ANWARUL HAQ, C. J.-The two petitioners, along with three others, are facing prosecution under sections 148, 382, 452 and 506 of the Pakistan Penal Code read with section 149, thereof on the basis of a First Information Report registered against them on the 28th of June, 1980, at Police Station Kotwali, Faisalabad, at the instance of Mr. Habibur Rehman, Advocate of Faisalabad. He alleged that the petitioners and their companions were annoyed with him for the reason that in his capacity as Legal Adviser to the Local Branch of the National Bank of Pakistan he had been pursuing litigation against Muhammad Shafiq's father Muhammad Suleman, and accordingly, the accused persons raided his office on the 28th of June, 1980, and caused injuries to his clerks Muhammad Anwar and Mukhtar Ahmad; and subsequently they also insulted and manhandled the Advocate himself at or near the Kotwali, Police Station. He reported the matter after obtaining the result of the medico-legal examination of the injuries of Mukhtar Ahmad, which included a fracture of one of the fingers of his left hand. It was further alleged that the Rolex watch of Mukhtar Ahmad was also forcibly taken away by the accused. The petitioners applied for bail before arrest in the High Court, which granted interim bail by its order dated the 6th of July, 1980, up to the 21st of July, 1980, and directed that the petitioners should apply to the learned Sessions Judge, Faisalabad. In accordance with this direction, the petitioners moved an application in the Sessions Court, and although interim bail was again allowed to them on the 17th of July, 1980, yet their application was eventually dismissed on the 21st of…
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