| Citation(s) |
|---|
| 1995 SLG 568 1995 SLD 568 1995 SCMR 310 |
Supreme Court of Pakistan
Criminal Petitions Nos. 94 and 105 of 1994, decision dated: 27-12-1994.
SAIDUZZAMAN SIDDIQUI AND MUKHTAR AHMED, JUNEJO, JJ
Muhammad Munir Peracha, Advocate Supreme Court with Ejaz Muhammad Khan, Advocate on-Record (in Cr. P. No. 94 of 1994). Sardar Muhammad Ishaq Khan, Advocate Supreme Court with Ch. Akhtar Ali, Advocate on-Record (in Cr. P. No. 105 of 1994). Raja Abdul Gha
Criminal Petitions Nos. 94 and 105 of 1994, decision dated: 27-12-1994.
SAIDUZZAMAN SIDDIQUI AND MUKHTAR AHMED, JUNEJO, JJ
Muhammad Munir Peracha, Advocate Supreme Court with Ejaz Muhammad Khan, Advocate on-Record (in Cr. P. No. 94 of 1994). Sardar Muhammad Ishaq Khan, Advocate Supreme Court with Ch. Akhtar Ali, Advocate on-Record (in Cr. P. No. 105 of 1994). Raja Abdul Gha
MEHMOOD AKHTAR and another
VS
Haji NAZIR AHMAD and 4 others
Law:
Section:
(a) Criminal Procedure Code (V of 1898) S. 497 Penal Coda (XLV of 1860), Ss. 302/148 & 149 Petition for cancellation of bail First Information Report and cross version given in the private complaint showed that the incident was a fall out of another incident which occurred a day earlier Accused who were empty handed and were attributed no injury to the deceased were granted bail by the High Court in exercise of its discretion Cancellation of bail was declined by the Supreme Court in circumstances. (b) Criminal Procedure Code (XLV of 1898) S. 497 Penal Code (XLV of 1860), Ss. 302/148 & 149 Bail Accused was alleged to have caught hold of deceased before he was given injuries by his co accused Matter with regard to the accused being that of further enquiry, Supreme Court converted the petition into appeal and accused was granted bail. Basharat Hussain v. Ghulam Hussain and others 1978 SCMR 357 fol. JUDGMENT SAEEDUZZAMAN SIDDIQUI, J. The abovementioned two criminal petitions arise from the order of a learned Judge in Chambers of Lahorr, High Court, Rawalpindi Bench, dated 27 5 1994 whereby the learned Judge granted bail to Haji Nazir, Muhammad Riasat and Muhammad Habib while. refusing bail to co accused Rehmat Hussain in a case registered against all of them alongwith four other accused persons (F.I.R. No. 127 dated 17 6 1994) for committing murder of one Muhammad Zamir and causing injuries to one Tahir Abbas. Criminal Petition'No. 94 of 1994 is filed by the complainant Mehmood Akhtar for cancellation of bail granted to Haji Nazir, Muhammad Riasat and Muhammad Hahbib whiie Criminal Petition No. 105 of 1994 is filed by Rehmat Hussain seeking bail in the above case which was declined by the learned Judge in Chambers. It may be mentioned here that respondents in Criminal Petition No. 94 of 1994, who were accused alongwith others in F.I.R. No. 127 dated 17 6 1994, have also filed a private complaint in respect of the same incident against the complainant party under sections 324/148 and 149, P.P.C. in which the Magistrate Section 30, Rawalpindi, after holding preliminary enquiry issued summons to the complainant in F.I.R. No. 127 to face charges under section…
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