| Citation(s) |
|---|
| 1986 SLG 171 1986 SLD 171 1986 SCMR 1628 |
Supreme Court of Pakistan
Criminal Petition for Special Leave to Appeal No. 119 of 1986, decision dated: 23rd June, 1986.
ASLAM RIAZ HUSSAIN AND MIAN BURHANUDDIN KHAN, JJ
Hanif Khatana, Advocate Supreme Court. Hassan Ahmad Khan Kanwar, Advocate Supreme Court and S.Inayat Hussain, Advocate-on-Record. Mian Ataur Rehman, Advocate-on-Record for the State.
Criminal Petition for Special Leave to Appeal No. 119 of 1986, decision dated: 23rd June, 1986.
ASLAM RIAZ HUSSAIN AND MIAN BURHANUDDIN KHAN, JJ
Hanif Khatana, Advocate Supreme Court. Hassan Ahmad Khan Kanwar, Advocate Supreme Court and S.Inayat Hussain, Advocate-on-Record. Mian Ataur Rehman, Advocate-on-Record for the State.
Mst. FAZEELAT BIBI
VS
KARAM KHAN and others Mian Ataur Rehman, AdvocatEoNRecord for the State.
Law:
Section:
Constitution of Pakistan (1973)-----Art. 185(3)--Criminal Procedure Code (V of 1898), S.498--Bail-Cancellation of--Respondent, along with co-accused involved in murder case was refused bail by Sessions Judge on ground that nature of offence committed by him was "an outstanding example of extreme lawlessness in total disregard of Law Enforcing Agencies"--High Court allowed bail mainly on ground that fatal shot was attributed to another accused--Supreme Court, on considering facts and circumstances of case and material on record, formed view that reasoning of High Court for grant of bail was not tenable and accused-respondent did not deserve to be released on bail--Petition converted into appeal and allowed--Bail cancelled. ORDER ASLAM RIAZ HUSSAIN, J.--Mst. Fazeelat Bibi, widow of Bashir Ahmad has filed this petition for leave to appeal against the grant of bail to Karam Khan (respondent No. 1), by a learned Single Judge of the Lahore High Court, vide its order, dated 1-3-1986. 2. We have heard the learned counsel for the petitioner and gone through the relevant portion of the evidence on the record. The prosecution version is that there was old hostility between Bashir Ahmad (deceased) and the accused party. Bashir Ahmad was involved in a criminal case for the murder of a member of the accused-respondent party. He had been taken by two police constables namely Muhammad Saeed and Muhammad Ilyas, for producing him in the Court of Assistant Commissioner, Shakargarh, in connection with his trial. After the hearing he was being transported back in a wagon. When it reached Bus Stop Manzoorpura Plot, where some passengers got down from it, all of a sudden the accused persons including Karam Khan respondent No. 1 came in front of the wagon and forced Bashir Ahmad (deceased) and the two police constables to come out. All the three persons got…
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