| Citation(s) |
|---|
| 1995 SLG 271 1995 SLD 271 1995 SCMR 1099 |
Supreme Court of Pakistan
Criminal Petition No. 150 of 1994, decided on 21st December, 1994.
SAIDUZZAMAN SIDDIQUI AND MUKHTAR AHMED, JUNEJO, JJ
S. Safdar Hussain, Advocate on Record for Petitioner. Nemo for the State.
Criminal Petition No. 150 of 1994, decided on 21st December, 1994.
SAIDUZZAMAN SIDDIQUI AND MUKHTAR AHMED, JUNEJO, JJ
S. Safdar Hussain, Advocate on Record for Petitioner. Nemo for the State.
Syed MEHBOOB SHAH
VS
THE STATE --Respondents
Law: Criminal Procedure Code (V of 1898)
Section: 497
Law: Penal Code (XLV of 1860)
Section: 312
Law: Constitution of Pakistan, 1973
Section: 185(3)
Criminal Procedure Code (V of 1898) S. 497 Penal Code (XLV of 1860), S. 3fl2 Constitution of Pakistan (1973), Art. 185(3) Bail Points raised on behalf of accused that the accused was innocent; that the witnesses had not supported the prosecution case; that F.I.R: s version was belied by inquest report and medical evidence and that accused’s plea of alibi had been accepted by Investigating Agency and he had been placed in column No. 2 of the challan, could be adequately considered by the Trial Court High Court while refusing bail to accused had taken correct view and its order warranted no interference Leave to appeal was refused accordingly. JUDGMENT MUKHTAR AHMED JUNEJO, J.Petitioner Mehboob Shah has moved for seeking leave to appeal against an order dated 27 10 1994 passed by the Peshawar High Court declining bail to the petitioner in a case arising out of F.I.R. No. 535 dated 15 11 1992 of police Station East Cantonment, Peshawar. In the first instance the petitioner moved a Magistrate at Peshawar for bail but his application was rejectedon 13 9 1994. He moved learned Sessions Judge, Peshawar, who too, declined to order his release on bail under an order dated 29 9 1994. Mr. S. Safdar Hussain, learned counsel for the petitioner argued that the petitioner was innocent, that the witnesses had not supported the prosecution case, that the version given in the FIR was belied by the inquest report and medical evidence, and that the plea of alibi taken by the petitioner has been accepted by the investigating agency and his name has been put in column No.2 of the challan. The learned counsel took exception to observations made by the learned Single Judge of the High Court in para. 3 of the impugned order.…
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