Case Details

Citation(s)
1982 SLG 457 1982 SLD 457 1982 SCMR 754
Supreme Court of Pakistan
Criminal Petition for Special Leave to Appeal No. 15-R of 1982, decision dated: 2-03-1982. (On appeal from the judgment and order dated 30-1-1982 of the Lahore High Court, Rawalpindi Bench, in Criminal Miscellaneous No. 140-B of 1982)
MUHAMMAD AFZAL ZULLAH AND M. BURHANUDDIN KHAN, JJ
Ch. Abdul Rehman, Senior Advocate instructed by Ch. Akhtar Ali, Advocate-on-Record for Petitioner. Muhammad Aslam Jan, Advocate Supreme Curt for the State.

MUHAMMAD NASEEM

VS

THE STATE

Law:

Section:

Criminal Procedure Code (V of 1898)----S. 466-Insanity, plea of-Plea of insanity having been raised with some material in its support public interest required examination of matter-Sessions Court proceeding to examine matter but dropping same on asking of petitioner's counsel-Matter relating to plea of insanity having not been finally concluded petitioner, if so advised, could still apply under. S. 466 and Court concerned, held, would be competent in view of gravity of matter either to act under subsection (1) or subsection (2) of S. 466, Criminal Procedure Code, 1898.--[Insanity]. ORDER MUHAMMAD AFZAL ZULLAH, J.-Leave to appeal has been sought froth the order dated 30-1-1982 of the Lahore High Court whereby a petition for bail in a case under section 411, P. P. C. was dismissed. The petitioner is alleged to have received and retained a stolen motor cycle and thus is accused under section 411, P. P. C. He was arrested on 24-9-1981. An application for his bail was refused by a learned Magistrate on 5-10-1981. He then moved an application in the Sessions Court which came up for hearing on 17-11-1981 on the plea of insanity of the petitioner. The report submitted by the Medical Superintendent to the effect that the petitioner was "a man of abnormal behaviour and was a fit case to be sent to mental hospital" was noted. However, the learned counsel appearing for the petitioner on becoming aware of the said report "did not press the bail application" which was accordingly dismissed as withdrawn. The petitioner made a fresh application for bail in the Sessions Court, which was dismissed on 17-12-1981 on the ground of misconduct, because an attempt was made to conceal from the Court the fact that an earlier application for bail was dismissed, and with a further attempt to get the case fixed before another Court. The petitioner then sought bail from the High Court under section 498, Cr. P. C. His prayer having been refused, he has now sought leave to appeal. The learned counsel for the petitioner has pressed two arguments ; one that the case against the petitioner is an ordinary one. He is in jail for the last more than four months, and that ordinarily, there being no…
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