| Citation(s) |
|---|
| 1995 SLG 313 1995 SLD 313 1995 SCMR 1184 |
Supreme Court of Pakistan
Criminal Petition No. 153 of 1994, decided on 18th December, 1994.
SAIDUZZAMAN SIDDIQUI AND MUKHTAR AHMED, JUNEJO, JJ
Azizullah Shaikh, Senior Advocate Supreme Court and Raja Abdul Ghafoor, Advocate on Record for Petitioners. Nemo for the State.
Criminal Petition No. 153 of 1994, decided on 18th December, 1994.
SAIDUZZAMAN SIDDIQUI AND MUKHTAR AHMED, JUNEJO, JJ
Azizullah Shaikh, Senior Advocate Supreme Court and Raja Abdul Ghafoor, Advocate on Record for Petitioners. Nemo for the State.
Mst. RAHEELA DURRANI
VS
THE STATE --Respondents
Law: Criminal Procedure Code (V of 1898)
Section: 497
Law: Penal Code (XLV of 1860)
Section: 185(3)
(a) Criminal Procedure Code (V of 1898) S. 497 Penal Code (XLV of 1860), S. 302/34 Constitution of Pakistan (1973), Art. 185(3) Bail Deceased had been seen going inside the house of accused on the day he was killed Evidence was also available to show the presence of the accused in her car at a place where the dead body of the deceased was being thrown Police had also secured clothes of the deceased from the car of accused Reasonable grounds, thus, existed for believing the accused to be guilty of the offence of murder High Court had properly exercised its discretion in cancelling the bail allowed to accused by Sessions Court which required no interference Leave to appeal was refused accordingly. (b) Criminal Procedure Code (V of 1898) S. 497 Penal Code (XLV of 1860), S. 302/34 Constitution of Pakistan (1973), Art. 185(3) Bail Practice and procedure Supreme Court, as a matter of practice does not interfere with the discretionary orders passed by Courts below unless exceptional case is made out for interference. JUDGMENT MUKHTAR AHMED JUNEJO, J.Leave to appeal is sought against an order dated 8 12 1994 passed by a learned Single Judge of the High Court of Sindh cancelling bail of petitioner Mst. RaheelaDurrani in the case registered against her under F.I.R. No.108/94 at Police Station, Tipu Sultan, Karachi East for having committed murder of Squadron Leader Ejaz Ahmed of Pakistan Air Force on 29 5 1994. Said case was registered on F.I.R. lodged by Nazeer Ahmed, Provost and Security Flight in Pakistan Air Force. On 29 5 1994 at 7 30 p.m., complainant Nazeer Ahmed was informed by Gizri Police Station over telephone that Squadron Leader Ejaz Ahmed of Pakistan Air Force had been murdered by a lady accused with three other accused, who were arrested by said police while doing away with the dead body of the deceased. On receiving such telephonic massage the complainant visited Police Station Gizri where dead body of the deceased was lying. The complainant was informed that petitioner Mst. RaheelaDurrani and the three co accused were caught while they were throwing dead body of the deceased in Rhayaban e Ittehed, Defence, Karachi. Such…
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