| Citation(s) |
|---|
| 1994 SLG 351 1994 SLD 351 1994 PLD 86 |
Supreme Court of Pakistan
Cr.P.LA. No. 41-P/1993, decision dated: 4-10-1993. (On appeal from the order of the Peshawar High Court, dated 4-8-1993 passed in Cr.M. No.489/1993).
SALEEM AKHTAR AND MANZOOR HUSSAIN SIAFY, JJ
M. Aman Khan, Advocate Supreme court with Nur Ahmad Khan, Advocate-on-Record (absent).
Cr.P.LA. No. 41-P/1993, decision dated: 4-10-1993. (On appeal from the order of the Peshawar High Court, dated 4-8-1993 passed in Cr.M. No.489/1993).
SALEEM AKHTAR AND MANZOOR HUSSAIN SIAFY, JJ
M. Aman Khan, Advocate Supreme court with Nur Ahmad Khan, Advocate-on-Record (absent).
MUHAMMAD RAHIM and another
VS
BAITA GUL and another
Law:
Section:
(a) Criminal Procedure Code (V of 1898)»-----S. 497---Penal Code (XLV of 1860), S.302/34---Bail---Two versions of the incident---Complainant who was.a young boy of 16 or 17 years, first made a complaint against . his brother-in-law that he had murderd his sister and two others and then in his statement under S.164, Cr.P.C, resilcd from the said statement and accused the other two persons stating that they had made extra judicial confession before him-- -No other effective material to reasonably connect said accused persons except the said statement of complainant was available on record---Accused persons had denied to have made extra judicial confession before the complainant-- -Held, in the absence of any other direct evidence against accused persons, bail allowed to accused persons could not be cancelled on the basis of alleged extra-judicial confession as the facts of the case called for further inquiry. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---High Court has the discretion to grant, refuse or cancel the bail---Where, however, Sessions Judge had granted bail, High Court could interfere, .if it was shown that the discretion had been exercised arbitrarily, in disregard of some of the salient facts or in violation of legal principles applicable to the case---Where no illegality could be pointed out in the order of the Sessions Judge, Supreme Court converted the petition into appeal and allowed the bail to the accused persons in circumstances. ORDER SALEEM AKHTAR, J: --The petitioners seek leave to appeal against the order of the learned Judge in Chamber of the High Court whereby bail granted to them by the learned Sessions Judge was cancelled. 2. One Tariq Nawaz, a boy of 16/17 years, lodged a report at about 2-45 a.m. alleging that his brother-in-law Umar Nawaz, an army personnel, had come from Peshawar on a night-pass and after staying for some time with him went to his house. When he entered his house at about 00-30 hours he saw in his room Noor Wall Khan and Habibullah Khan in objectionable position present with his wife Mst. Sartaj Begum, the sister of the complainant. Umar Nawaz then locked all the three persons inside the room and…
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