Case Details

Citation(s)
1986 SLG 202 1986 SLD 202 1986 SCMR 1681
Supreme Court of Pakistan
Criminal Petition No. 214 of 1986, decision dated: 26-07-1986, hearing DATE : 26-07-1986.
MUHAMMAD AFZAL ZULLAH AND SHAFIUR REHMAN, JJ
Raja M. Anwar, Senior Advocate Supreme Court instructed by Mahmood A. Qureshi, Advocate-on-Record. Nemo for the State. M.A. Kadri, Advocate-on-Record for the Complainant.

MUBARIK SHAH

VS

THE STATE

Law:

Section:

Constitution of Pakistan (1973)-----Art. 185(3)--Criminal procedure Code (V of 1898), S. 497--Penal Code (XLV of 1960), S. 302/307/34--Bail--Petitioner accused of shouting fatal Lalkara, denied bail--Plea that no other role was attributed to such accused, duly taken note of by two Courts below and prima facie view of entire available material having been formed by them and such view found by Supreme Court to be unexceptionable--Leave to appeal refused. ORDER SHAFIUR RAHMAN, J.--The petitioner seeks leave to appeal against an order of the Lahore High Court, dated 17-5-1986 refusing him bail after arrest in a case registered against him and three others under sections 302/34 and 307/34, P.P.C. at Police .Station Saddar, Faisalabad on 27-8-1983. Earlier, the bail before arrest of the petitioner was cancelled by this Court observing that "This order will, however, not preclude him from moving petition for bail after arrest and is being dealt with on its own merits." When the petitioner moved the application for bail after surrendering to the order his application was rejected by the learned Session Judge observing "in this case not only the role of shouting "lalkara" is attributed to the petitioner but in fact the actual motive is also attributed to him". The…
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