Case Details

Citation(s)
1994 SLG 717 1994 SLD 717 1994 SCMR 999
Supreme Court of Pakistan
Criminal Petition for Leave to Appeal No. 305-L of 1993, decision dated: 8-01-1994
SHAFIUR RAHMAN, SALEEM AKHTAR AND MANZOOR HUSSAIN SIAL, JJ

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MUHAMMAD HUSSAIN alias MUHAMMADA

THE STATE and others

Law:

Section:

Criminal Procedure Code (V of 1898)--S. 497---Penal Code (XLV of 1860), S. 302---Bail---Fact that the accused did not surrender though his close associates were charged for the crime alongwith him and he knew the allegations against him, had justified High Court without technical satisfaction of the requirements of a proclamation, to consider him a proclaimed offender for the purposes and in the matter of bail---Discretion exercised by High Court in cancelling bail allowed to accused by Sessions Court did not call for interference by Supreme Court. ORDER SHAFIUR RAHMAN, J: --The petitioner charged alongwith others of offence under section 302, P.P.C. seeks leave to appeal against the order of the Lahore High Court dated 24-5-1993 whereby the bail granted to him by the Additional Sessions Judge was cancelled. 2. Mr. R.A. Awan, Advocate, the learned counsel for the petitioner has contended that effective firing was not attributed to him and that the High Court was in error in tatting him to be an absconder. 3. The reasons which prevailed with the High Court in cancelling the bail were the following two:-- "(i) It appears that learned A.S.J. did not apply his mind and failed to take into…
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