Case Details

Citation(s)
1996 SLG 240 1996 SLD 240 1996 SCMR 1125
Supreme Court of Pakistan
Criminal Petition No. 7 of 1994, decision dated: 12-02-1994. On appeal from the judgment of Lahore High Court, Rawalpindi Bench, dated 17-1-1994, passed in Cr. Miscellaneous No. 792/B-93
SHAFIUR RAHMAN AND SAIDUZZAMAN SIDDIQUI, JJ
Talib H. Rizvi, Advocate Supreme Court with Ch. Akhtar Ali, Advocate-on-Record for Petitioners. Raja Abdul Ghafoor, Advocate Supreme Court for the State. Sh. Zameer Hussain, Advocate Supreme Court with Ejaz Muhammad Khan, Advocate-on-Record for the Comp

MUMTAZ HUSSAIN and 5 others

VS

THE STATE

Law:

Section:

Criminal Procedure Code (V of 1898)-------S. 497---Penal Code (XLV of 1860), 5.302/148/149/324/337-A(ii)--­Constitution of Pakistan (1973), Art. 185(3)---Bail, grant of---Accused despite being allegedly armed with deadly weapons like rifle, gun and hatchet had only caused simple blunt injuries to some of the prosecution witnesses using the wrong side of their- weapons---Question whether the accused in such circumstances shared common intention with co-accused who had caused death of the deceased needed further inquiry---Petition for leave to appeal was converted into appeal in circumstances and accused were admitted to bail accordingly. JUDGMENT SAIDUZZAMAN SIDDIQUI, J. ---The, petitioners have sought leave to appeal against the judgment of a learned Single Judge of the Lahore High Court, Rawalpindi Bench, dated 17-1-1994, whereby, bail was refused to the petitioners in a case registered under sections 302/148/149, P.P.C. and 324/337-A-(ii), P.P.C. The petitioners alongwith 19 others are accused in F. I. R. No. 174 dated 13-8-1993 registered at Police Station Jhand under sections 302/148/149 and 324/337-A-(ii), P.P.C. Out of 25 accused in the case, 13 were enlarged on bail by the trial Court while another six were granted bail by the High Court. The present petitioners were refused bail by the High Court on the ground that they, prima facie, shared common…
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