| Citation(s) |
|---|
| 1996 SLG 233 1996 SLD 233 1996 SCMR 1114 |
Supreme Court of Pakistan
Criminal Petition for Leave to Appeal No. 305-L of 1994, decision dated: 19-12-1994. On appeal from the order dated 28-8-1994 passed by the Lahore High Court in Crl. Misc. No. 3444/B/94
SAIDUZZAMAN SIDDIQUI AND MUKHTAR AHMAD, JUNEJO, JJ
Ch. Muhammad Hussain Naqshbandi, Advocate Supreme Court instructed by S. Abul Aasim Jafri, Advocate-on-Record for Petitioner. Ch. Muhammad Akram, Advocate Supreme Court and Rao M. Yousaf Khan, Advocate-on-Record for the State
Criminal Petition for Leave to Appeal No. 305-L of 1994, decision dated: 19-12-1994. On appeal from the order dated 28-8-1994 passed by the Lahore High Court in Crl. Misc. No. 3444/B/94
SAIDUZZAMAN SIDDIQUI AND MUKHTAR AHMAD, JUNEJO, JJ
Ch. Muhammad Hussain Naqshbandi, Advocate Supreme Court instructed by S. Abul Aasim Jafri, Advocate-on-Record for Petitioner. Ch. Muhammad Akram, Advocate Supreme Court and Rao M. Yousaf Khan, Advocate-on-Record for the State
SARFRAZ-
VS
THE STATE
Law:
Section:
Criminal Procedure Code (V of 1898)-------S. 497---Penal Code (XLV of 1860), S.302/324/148/149---Constitution of Pakistan (1973), Art.185(3)---Bail, grant of---High Court while refusing bail to accused did not consider as to how the case which prima facie appeared to be triable by an ordinary Court was transferred to Special Court constituted under the Suppression of Terrorist Activities (Special Courts) Act, 1975, and also that the accused had been found innocent in successive police investigation---Leave to appeal was granted to further consider the said facts and the accused in the meantime was admitted to interim bail. ORDER SAIDUZZAMAN SIDDIQUI, J.---The petitioner is seeking leave to appeal against the order of a learned Judge in chambers of the Lahore High Court dated 28-8-1994 wherein the learned Judge refused to admit the petitioner to bail in a case registered against him alongwith several others under sections 302/324/148/149 of the P.P.C. 2. In seeking leave to appeal the learned counsel for the petitioner contended that the petitioner was initially 'granted bah in the case by the Additional Sessions Judge, Faisalabad, by his order dated 21-2-1994 on the ground that the petitioner was found innocent in the successive police investigating besides the fact that the injury from the fire-arm attributed to the petitioner was suffered by one of the P. Ws. which was on the non-vital part of the body. The learned counsel for the petitioner contends that the offence…
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