Case Details

Citation(s)
1983 SLG 246 1983 SLD 246 1983 SCMR 278
Supreme Court of Pakistan
Criminal Petition for Special Leave to Appeal No. 170 R of 1982, decision dated: 15-11-1982.(Against the order of Lahore High Court, Rawalpindi, Bench in Criminal Miscellaneous No. 412 B of 1982, dated 17 10 1982)
MUHAMMAD AFZAL ZULLAH AND SHAFIUR RAHMAN, JJ
Abdul Hakim Khan. Senior Advocate Supreme Court and M. Afzal Siddiqi, Advocate on-Record for Petitioners.Nemo for the State

IMRANUDDIN AND ANOTHERS

VS

THE STATE

Law:

Section:

Criminal Procedure Code (V of 1898)--- Ss. 497 & 498 read with Penal Code (XLV of 1860), Ss. 302 & 307/ 148/149 Bail Murder Cross case High, Court's order refusing bail to petitioners offering from no legal infirmity such as requiring inter-ference by Supreme Court Mere fact that in cross case persons charged for having caused injuries have been released on bail Held, no ground for releasing petitioners on bail particularly when allegations against them are more serious Leave to appeal refused Constitution of Pakistan (1973), Art. 185(3). ORDER SHAFIUR RAHMAN, J. The two petitioners seek leave to appeal against the judgment of the Lahore High Court, Rawalpindi Bench dated 17 10 1982 whereby their application for bail on charges under section 302/307/149/148, P. P. C. was rejected. The prosecution case, in brief, against the petitioners was that they along-with ten others attached the complainant party. Imranuddin fired a shot killing Muhammad Arshad. Asrar gave a toka blow on the head of Shada which he survived. The other companions of the petitioners inflicted injuries on other seven persons. The learned Judge in the High Court while rejecting the bail application held that the case against them was such that bail could not be granted. There was a direct charge against Imranuddin of firing a pistol shot killing thereby Muhammad Arshad and against Asrar of having given a toka blow on the head after receiving which Shada survived. The learned…
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