| Citation(s) |
|---|
| 1988 SLG 2243 1988 SLD 2243 1988 SCMR 568 |
Supreme Court of Pakistan
Criminal Appeal No. 4 of 1988 in Criminal Petition No. 190 of 1987, decided on 21st July, 1987. (From the order Dated 1-2-1987 of the Lahore High Court in Criminal Miscellaneous No. 320-B of 1987). Date of hearing: 21st July, 1987.
NASIM HASAN SHAH, JAVID IQBAL AND SAAD SAOOD JAN, JJ
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Criminal Appeal No. 4 of 1988 in Criminal Petition No. 190 of 1987, decided on 21st July, 1987. (From the order Dated 1-2-1987 of the Lahore High Court in Criminal Miscellaneous No. 320-B of 1987). Date of hearing: 21st July, 1987.
NASIM HASAN SHAH, JAVID IQBAL AND SAAD SAOOD JAN, JJ
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YASEEN and others
VS
THE STATE and others--Respondents
Law: Criminal Procedure Code (V of 1898)
Section: 497,498,145
Law: Constitution of Pakistan, 1973
Section: 185(3)
Law: Penal Code (XLV of 1860)
Section: 302,429,149,109,148
(a) Criminal Procedure Code (V of 1898)-- ---S.497-.Supreme Court Rules, 1980, O.XXIII, R.2--Constitution of Pakistan (1973), Art.185(3)--Bail, grant of--Time-barred petition for leave to appeal--Delay of 110 days condoned, in circumstances. (b) Criminal Procedure Code (V of 1898)-- --Ss.497, 498 145--Penal Code (XLV of 1860), Ss.302, 429, 149, 109 148--Constitution of Pakistan (1973), Art.185(3)--Bail, grant of--Petitioners involved in case under Ss.302, 429, 149, 109 148, P.P.C.--Dispute about forcibly taking over possession of land of complainant--Earlier proceedings conducted under 5.145, Cr.P.C. indicating that a member of accused party was in possession of disputed land--Petitions admitted to bail by High Court but on complaints that they were intimidating and assaulting members of complainant party and thus abusing the concession, their bail was cancelled--Subsequent application for grant of bail dismissed by High Court--Order impugned--Petition converted into appeal and bail granted ~o three appellants only. ORDER SAAD SAOOD JAN, J.--The petitioners are involved in a case registered under sections 302 and 429, read with sections 149 and 109, and section 148 of the Pakistan Penal Code on the allegations that on 15-3-1984, at 7 a.m., they formed an unlawful assembly with the object of forcibly taking over possession of some land of the complainant party and in prosecution of the said object they fired indiscriminately at the complainant party resulting in the death of one Faiz Muhammad and the killing of a calf. It appears from the record that proceedings under section 145, Criminal Procedure Code, had been earlier conducted by a Magistrate who found Muhammad Afzal, an alleged member of the accused party,…
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