| Citation(s) |
|---|
| 1988 SLG 2634 1988 SLD 2634 1988 SCMR 1452 |
Supreme Court of Pakistan
Criminal Appeals Nos.113, 114, 224 and 225 of 1987, decided on 2nd August, 1987. (On appeal from the order of the Lahore High Court, Dated 30th June, 1987 in Criminal Miscellaneous No. 1493/B of 1987 and Criminal Miscellaneous No. 1882/B of 1987). Date
SHAFIUR RAHMAN, JAVID IQBAL AND SAAD SAOOD JAN, JJ
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Criminal Appeals Nos.113, 114, 224 and 225 of 1987, decided on 2nd August, 1987. (On appeal from the order of the Lahore High Court, Dated 30th June, 1987 in Criminal Miscellaneous No. 1493/B of 1987 and Criminal Miscellaneous No. 1882/B of 1987). Date
SHAFIUR RAHMAN, JAVID IQBAL AND SAAD SAOOD JAN, JJ
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MUHAMMAD MUMTAZ and 3 others
VS
THE STATE--Respondent
Law: Criminal Procedure Code (V of 1898)
Section: 497,498
Law: Penal Code (XLV of 1860)
Section: 302/307/148/149/109
Law: Constitution of Pakistan, 1973
Section: 185(3)
Criminal Procedure Code (V of 1898)-- ---Ss.497 498--Penal Code (XLV of 1860), Ss.302/307/148/149 109--Constitution of Pakistan (1973), Art.185(3)--Bail, grant of-Appreciation of evidence--Petitioners accused under Ss.302/307/148/149 109, P.P.C. found innocent by police and placed in column No.2 of challan but were refused bail by High Court--Pleas of erroneous consideration by High Court of statements made by accused petitioners before police, substitution of its own opinion by Court for that of the police and Court being influenced by persons coming forth and making statements on oath in support of complainants version although none of them was eye-witness--Pleas raised by .accused being substantial and infirmities found in the impugned order, petitions converted into appeals and bail granted. ORDER JAVID IQBAL, J.--Criminal Petition for Leave to Appeal No.224 of 1987 has been filed by Muhammad Mumtaz, Umerdraz, Sarfraz and Dilbaz petitioners, whereas Criminal Petition for Leave to Appeal No.225 of 1987 has been filed by Ahmad Sher and Shamsher petitioners. Both the petitions for leave are directed against the orders of the learned Single Judge of the Lahore High Court, Lahore, refusing bail to both the sets of petitioners who alongwith others are involved in a case under section 302/307/148/149, P.P.C. read with section 109, P.P.C. The contention advanced on behalf of the petitioners was that all the six of them were found innocent by the police during the investigation and had been placed in column No.2 of the challan. We issued notice to the Advocate-General and as a result State counsel has appeared today. After hearing learned counsel for both the parties at some length we are of the view that these petitions be converted into appeals. It is ordered accordingly. Learned counsel for both the sets of appellants argued that a perusal of the impugned orders would show that the alleged statements of accused-appellants .made before the police had been erroneously considered by the learned Single Judge of the Lahore High Court for…
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