| Citation(s) |
|---|
| 1994 SLG 1502 1994 SLD 1502 1994 PLD 385 |
Lahore High Court
Criminal Miscellaneous No. 102/B of 1994, decided on 16th March, 1994.
MUHAMMAD NAWAZ ABBASI, J
Sardar Muhammad Ishaq Khan for Petitioners. Syed Sajjad Hussain Shah, Asstt. A.G. assisted by Ch. Zamurd Hussain for the Complainant
Criminal Miscellaneous No. 102/B of 1994, decided on 16th March, 1994.
MUHAMMAD NAWAZ ABBASI, J
Sardar Muhammad Ishaq Khan for Petitioners. Syed Sajjad Hussain Shah, Asstt. A.G. assisted by Ch. Zamurd Hussain for the Complainant
QURBAN HUSSAIN and anothers
VS
THE STATE
Law:
Section:
(a) Criminal Procedure Code (V of 1898)--- ----S. 497--- Penal Code (XLV of 1860), S.302/34 ---Bail-- Lalkara, legal consequences to be examined ---Lalkara sometimes may be as effective as direct role of causing injury, whereas sometimes it may simply amount to be a purposeless slogan with no intention to commit crime- --Matter -of judicial discretion to examine the legal consequences of Lalkara. (b) Criminal Procedure Code (V of 1898)--- ----S. 401(2)---Bail---Non-bailable offence---Bail to a person accused of a nonbailable offence is to be allowed as of right under S.497(2), Cr.P.C. if no reasonable grounds exist for believing that he has committed a non-bailable offence or there-are sufficient grounds for further inquiry into his guilt---Bail in such cases is not withheld only in the discretion or for the reason that maximum sentence provided for the offence is death or imprisonment for fife. (c) Criminal Procedure Code (V of 1898).- ----S. 497---Penal Code (XLV of 1860), S. 302/34---Bail---Benefit of doubt--Coordinal principle of criminal administration of justice is based on the concept of justice in Islam which is to be observed more consciously and carefully--Benefit of doubtful features appearing in the case invariably are required to be given full effect while deciding the ancillary matters in a criminal case---Benefit of doubt, if any, favourable to the accused cannot be withheld in the exercise of discretion of the Courts at any stage. (d) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XI.,V of 1860), S. 302/34---Bail, grant of---Role of uttering "Lalkaras" by accused with no other overt act apparently . not amounting to abetment could not be suggestive of a positive proof of their common intention and of their commission of offence without appreciation of evidence and drawing a conclusion of guilt against them by the Trial Court--Sufficient scope of further inquiry into the guilt of accused being present, accused had earned a right of concession of bail and they were released on bail accordingly. Manzoor and 4 others v. The State PLD 1972 SC.81 ref. (e) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of…
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