Case Details

Citation(s)
1984 SLG 384 1984 SLD 384 1984 SCMR 134
Supreme Court of Pakistan
Criminal Petition No. 153 of 1983, decision dated: 23rd April, 1983 (Against the judgment/order of the Lahore High Court, dated 4-4-1983, passed in Criminal Miscellaneous No. 621/B/83)
ASLAM RIAZ HUSSAIN, NASIM HASAN SHAH AND M. S. H. QURAISHI, JJ

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MUHAMMAD YOUSAFer

VS

. THE STATE--Respondent

Law:

Section:

Constitution of Pakistan (1973)-----Art. 185 (3)-Criminal Procedure Code (V of 1898), S. 497-Bail­Applicatlon for bail before Additional Sessions Judge on 2-9-1981 on ground that accused was old man and had been falsely involved for extraneous reasons and that there was single injury which Was not on any vital part of deceased's body Application dismissed on 15-9-1982-Accused filed another bail application on 17-10-1982 which too was dismissed by same Additional Sessions Judge on 15-11-1982­Accused filed yet another bail application through jail on 30-11-1982 on same grounds which was not placed before same Additional Sessions Judge who had dismissed earlier applications though he was still posted there, but was fixed for hearing before District and Sessions judge who accepted application and granted bail to accused-Held, it was highly improper for Sessions Judge to have kept bail applica­tion pending instead of fixing before same Additional Sessions Judge who had heard and disposed of two earlier bail applications, but fixed it before himself and granted bail to accused-Such conduct was bound to create serious misgivings in public mind against judicial officers-Supreme Court directed to send copy of order to Registrar, High Court, Lahore who shall bring that to notice of Chief Justice of that Court-Leave to appeal refused in circumstances. Khalid Ranjha, Advocate Supreme Court with S. Wajid Hussain, Advocate-on-Record for Petitioners. Nemo for the State. Date of hearing: 23rd April, 1983. ORDER ASLAM RIAZ HUSSAIN, J.-The petitioner seeks leave to appeal against the order of the Lahore High. Court, dated 4-4-1983, accepting the respon­dents' application for cancellation of petitioner's bail. 2. The facts giving rise to the petition are, briefly; that Muhammad Yousaf petitioner accused alongwith Muhammad Khan and Basharat Ali of the murder of his namesake Muhammad Yousaf. According to the prosecution the petitioner felled him down while his co-accused Muhammad Khan caught hold of the deceased's arm and sat on his chest, whereafter Basharat started cutting his (deceased's) right arm with his chhurri while Muhammad Khan gave a hatchet blow on the right arm,…
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