| Citation(s) |
|---|
| 1997 SLG 611 1997 SLD 611 1997 SCMR 462 |
Supreme Court of Pakistan
Criminal Petition No. 49-K of 1995, decision dated: 2-08-1995
SALEEM AKHTAR AND SAIDUZZAMAN SIDDIQUI, JJ
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Criminal Petition No. 49-K of 1995, decision dated: 2-08-1995
SALEEM AKHTAR AND SAIDUZZAMAN SIDDIQUI, JJ
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MUHAMMAD ARIF
VS
THE STATE
Law:
Section:
Criminal Procedure Code (V of 1898)--S. 497---Penal Code (XLV of 1860). S.302/324/147/148/149---Constitution of Pakistan (1973), Art.185(3)---Bail---Prosecution witnesses to their statements recorded after eight days of the incident under S.161, Cr.P.C. had riot named the accused and even in their supplementary statements they had not attributed any overt act to him in the commission of the offence---No identification parade had been held after the arrest of accused---No reasonable grounds, therefore, existed for believing that accused was guilty of the offence punishable with death or imprisonment for life---Petition for leave to appeal was converted into appeal in circumstances and the accused was admitted to bail. Muhammad Muzaffar Haque, Advocate Supreme Court and Faizanul Haque, Advocate-on-Record for Petitioner. A.A. Siddiqui, Advocate-on-Record for the State. Date of hearing: 2nd August, 1995. JUDGMENT SAIDUZZAMAN SIDDIQUI, J.- The petitioner is seeking leave to appeal against the judgment of learned Judge in Chambers of High Court of Sindh dated 1-2-1995 whereby the learned Judge refused to admit the petitioner to bail in a case registered against him alongwith several others under sections 302,324,147,148 and 149, P.P.C. Notice of this petition was issued to the State and after hearing the learned counsel for the petitioner and the State this petition is converted into appeal and is disposed of as follows. The relevant facts of the case are that on 11-8-1994 F.I.R.No 121/94 was registered under sections 147,148,149,302 and 324, P.P.C. at Police Station Saeedabad, Karachi, at the instance of Mst. Zeenat Ara. It was alleged in the F.I.R. that 6 persons came in a white car in front of her house. Out of them, 2 persons entered her house with their faces covered but she recognized them with their voices as Arshad and Tara. These two persons opened fire which resulted to the causing of injuries to her sons Muhammad Mohsin and Muhammad Hussain and daughter-in-law Shaheen Fatima and daughter Rubab Fatima'. After firing all the 6 persons decamped from scene. As a result of this firing the two sons of the complainant died and her daughter and daughter-in-law…
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