| Citation(s) |
|---|
| 1994 SLG 366 1994 SLD 366 1994 PLD 172 |
Supreme Court of Pakistan
CA P.L.A. No.307-L of 1993; decided on 21st November, 1993. (On appeal from the order of the Lahore High Court, Lahore dated 4-5-1993 passed in Cr.M.No.1403-B of 1993).
SHAFIUR RAHMAN AND SALEEM AKHTAR, JJ
Ch. Ghulam Murtaza Khan, Advocate Supreme Court and MA. Qureshi, Advocate-on-Record. Kh. Saidul Hassan, Advocate Supreme Court for the State,
CA P.L.A. No.307-L of 1993; decided on 21st November, 1993. (On appeal from the order of the Lahore High Court, Lahore dated 4-5-1993 passed in Cr.M.No.1403-B of 1993).
SHAFIUR RAHMAN AND SALEEM AKHTAR, JJ
Ch. Ghulam Murtaza Khan, Advocate Supreme Court and MA. Qureshi, Advocate-on-Record. Kh. Saidul Hassan, Advocate Supreme Court for the State,
LIAQAT ALI
VS
THE STATE
Law:
Section:
(a) Criminal Procedure Code (V of 1898)------5. 497--Penal Code (XL,V of 1860), S.302/34---Constitution of Pakistan (1973), Art.185(3)---Bail, grant of---Two Investigating Officers had found the accused innocent---Such finding seemed to have been based on oral testimony of certain defence witnesses---Specific role assigned to accused in the F.LR. was supported by the testimony of two injured eye-witnesses---High Court in the circumstances was justified in not relying upon the opinion of Investigating Officers and its order refusing bail to the accused did not suffer from any illegality or infirmity---Leave to appeal was refused. Rehmatullah alias Rehman v. The State and another 1970 SCMR 299; Amir Khan v. The State 1970 SCMR 789; Mohammed Ashraf v. The State 1971 SCMR 183; Manzoor and 4 others v. The State PLD 1972 SC 81; Hakim Ali and 3 others v: The State 1979 SCMR 114; Allah Ditta v. Umar Din etc. 1980 SCMR 190; Manzoor alias Bhola and another'v. The State 1981 SCMR 530; Saeed Ahmad v. The State 1981 SCMR 565; Ghulam Rasool v. The State and 4 others 1982 SCMR 440; Amir Ali and others v. The State 1984 SCMR 521; Fazal Haque v. The State 1984 SCMR 1378; Mohammed Afzal v. Nazir Ahmad and others 1984 SCMR 429; Karam Din v. Mohammed Sharif 1975 SCMR 230; Mohammed Rafiq v. Abdur Rehman 1979 SCMR 377; Mohammed Rafiq v. Abdur Rehman 1986 SCMR 1978; Mohammed Abbas v. The State 1987 SCMR 483; Mohammed Mumtaz v. The State 1988 SCMR 1452 and Inayatul Haq v. Said Mohammed Khan 1988 SCMR 1743 ref. (b) Criminal Procedure Code (V of 1898)- ----S. 497/498--Penal Code (MV of 1860), S.302/34---Bail---Opinion of Investigating Officer---Investigating Officer's opinion is not binding upon the Court which can have its own opinion after examining the same and come to a different conclusion---Opinion of Investigating Officer holding an accused innocent cannot be made the only basis for granting bail---Due weight though is given to such opinion, but the Court can examine the material forming basis of the same and if it is based on inadmissible and irrelevant evidence it will not carry any weight at all---While assessing whether the opinion of Investigating Officer should be accepted…
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