Case Details

Citation(s)
1983 SLG 406 1983 SLD 406 1983 SCMR 645
Supreme Court of Pakistan
Petition for Special Leave to Appeal No. 21 of 1976, decision dated: 28-01-1976.(On appeal from an order of the Lahore High Court made on 22-01-1976 in Cr. Misc. No. 43 B of 1976)
ANWARUL HAQ AND MUHAMMAD GUL, JJ
Qureshi Mahmood Ahmad, Advocate and S. Inayat Hussain Shah, Advocate on-Record for Petitioners. Nemo for the State

MUHAMMAD SAFDAR AND OTHERS

VS

THE STATE

Law:

Section:

Criminal Procedure Code (V of 1898)--- S. 498 and Constitution of Pakistan (1973), Art. 185 (3) Bail before arrest Bail before arrest not a rule in cognizable offences¬ Bail before arrest allowed only when petitioner apprehends arrest due to ulterior motive or some peculiar features of case justifies exercise of discretion in his favour Penal Code (XLV of 1860), Ss. 148, 324 & 325. Bail before arrest is not the rule in cognizable offences, and is to be allowed only when it can be shown that the petitioner apprehends arrest due to some ulterior motives on the part of the authorities or other influential persons, or there are some peculiar features of the case which would justify the exercise of this discretionary power by the High Court Or the Sessions Court. ORDER C, J. The three petitioners, alongwith three others, are accused of offences failing under sections 148, 324 and 325 of the Pakistan Penal Code, read with section 149 thereof. Their application for bail before arrest has been dismissed by a learned Judge of the Lahore High Court by his order dated the 22nd January, 1976. They now seer: special leave to appeal. The incident is said to have taken place at 8 a. m. on 13th December 1975 in the area of village Panjwarian, in the jurisdiction of Police Station Kharian in Gujrat District. F. I. R. No. 201 was registered at the police station by petitioner Muhammad Akhtar at 8.10 a. m. on the 14th of December, 1975; whereas F. I. R. No. 202 was registered at the same police station at 9 a. m. the same day by one Haji Muhammad Asghar, Both the F. I. Rs. accuse the opposite party of having initiated the attack and caused injuries to each other. It is…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492