Case Details

Citation(s)
1989 SLG 351 1989 SLD 351 1989 SCMR 392 1989 SLD 905 1989 SCMR 392
Supreme Court of Pakistan
Criminal Petition No. 319 of 1988, decision dated: 13-12-1988
NASIM HASAN SHAH AND GHULAM MUJADDID, JJ

Deprecated: str_replace(): Passing null to parameter #3 ($subject) of type array|string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 395

ASHIQ HUSSAIN and others

VS

THE STATE

Law:

Section:

(a) Criminal Procedure Code (V of 1898)--Ss. 497 & 561-A--Inherent jurisdiction of High Court--High Court was moved under S. 497, Cr.P.C. and relief prayed for was refused--Aggrieved party, held, could not invoke jurisdiction of High Court under S. 561-A, Cc- P.C. Gulzar Hussain Shah v. Ghulam Murtaza and 4 others P L D 1970 SC 335 ref. Ghulam Muhammad Khan Lundkhor v. Safdar Ali P L D 1907 SC 530 not applicable. (b) Interpretation of statutes-- --- Words have to be given their ordinary meanings--Only in extraordinary circumstances the principle could be modified. (c) Interpretation of statutes-­ --- Criminal and penal statutes, how to be construed. Criminal and penal statutes must be strictly construed, that is, they cannot be enlarged or extended by intendment, implication, or by any equitable considerations. In other words, the language cannot be enlarged beyond the ordinary meaning of its terms in order to carry into effect the general purpose for which the statute was enacted. Construction of Statutes by Earl T. Crawford, p. 460, Chap. XX111, S. 240 ref. (d) Criminal Procedure Code (V of 1898)- --S. 497, third proviso--Penal Code (XLV of 1860), S. 302- Bail--Delay in trial was not of the type which entitled accused to concession of bail as a matter of right- High Court, held, was right in declining bail to accused. Yusuf Ali Khan, Bar-at-Law Advocate Supreme Court and S. Inayat Hussain, Advocate-on-Record for Petitioners. Muhammad Sharif Butt, Advocate-on-Record for the State. K.M.A. Samdani, Advocate. Supreme Court for the Complainant. Date of hearing: 21st November, 1988. JUDGMENT GHULAM MUJADDID, J.--Ashiq Hussain, Akbar Ali, Bashir Ahmad and Khalid Rashid seek leave to appeal against the "order of the Divisional Bench of the Lahore High Court dated 30-10-1988 in Criminal Miscellaneous No. 857-M/88 read with the earlier order of 28-6-1988 passed in Criminal Miscellaneous No. 1726-B of 1988". Muhammad Hussain son of Abdullah lodged report on 9-2-1986 at 10.10 a.m. at Police Station, Jaranwala, with regard to the double. murder of M. Sharif and Mukhtar Ahmad and causing injuries to M. Hussain. The report was under section 302/307/404/325/148/149/109,…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492