| Citation(s) |
|---|
| 1999 SLG 244 1999 SLD 244 1999 SCMR 32 |
Supreme Court of Pakistan
Criminal Petition for Leave to Appeal No. 16-P of 1998, decision dated: 3rd August, 1988. (On appeal from the judgment dated 2-3-1998 of the Peshawar High Court, D.I. Khan Circuit Bench, passed in Cr.Misc. No. 275 of 1997)
MUHAMMAD BASHIR, JEHANGIRI AND ABDUR REHMAN KHAN, JJ
Zafar Abbas Zaidi, Advocate Supreme Court instructed by M. Zahoor Qureshi Azad, Advocate-on-Record for Petitioner. Arif Khan, Advocate Supreme Court instructed by Syed Safdar Hussain, Advocate-on-Record for
Respondents Nos. 1 to 3. Talat Qayyum Qureshi, A
Criminal Petition for Leave to Appeal No. 16-P of 1998, decision dated: 3rd August, 1988. (On appeal from the judgment dated 2-3-1998 of the Peshawar High Court, D.I. Khan Circuit Bench, passed in Cr.Misc. No. 275 of 1997)
MUHAMMAD BASHIR, JEHANGIRI AND ABDUR REHMAN KHAN, JJ
Zafar Abbas Zaidi, Advocate Supreme Court instructed by M. Zahoor Qureshi Azad, Advocate-on-Record for Petitioner. Arif Khan, Advocate Supreme Court instructed by Syed Safdar Hussain, Advocate-on-Record for
Respondents Nos. 1 to 3. Talat Qayyum Qureshi, A
MUHAMMAD SHAKIL
VS
SAKHI ZAMAN and 3 others
Law:
Section:
Criminal Procedure Code (V of 1898)--S. 497(2) --- Penal Code (XLV of 1860), S.324 --- Constitution of Pakistan (1973), Art.. 185(3)---Cancellation of bail --- Leave to appeal was granted by Supreme Court to consider, inter alia, the question whether difference of opinion between the Judges of the Division Bench in the High Court on the question as to whether there appeared reasonable grounds for believing that the accused had been guilty of an offence punishable with rigorous imprisonment for ten years or with imprisonment for life, tantamounted to "further inquiry" within the contemplation of S.497(2), Cr.P.C. ORDER MUHAMMAD BASHIR JEHANGIRI, J,--This is a petition for leave to appeal against the order of the Peshawar High Court, D.I. Khan Bench, dated 2-3-1998 whereby the respondents were allowed bail pending trial in case F.I.R. No.78 registered under section 324/34, P.P.C. at Police Station Kaki, District Bannu on 14-3-1997. Shorn of unnecessary details the facts of the case are that after refusal of concession of bail by the learned Special Judge under the Suppression of Terrorist Activities (Special Courts) Act, 1975 Bannu, the respondent approached the Peshawar High Court, Peshawar. There arose difference of opinion between the two learned Judges comprising the Division Bench on the question as to whether there appeared reasonable grounds for believing that the accused-respondents have been guilty of an offence punishable with imprisonment for 10 years or life. One of the learned Judges of the Peshawar High Court answered the question in the affirmative while the other learned Judge reached at a contrary conclusion. In consequence, the matter was referred to a learned third Judge who without assessment of the evidence extended the concession of bail to the accused-respondents on the reasoning which is as under: ,, in my humble opinion, the mere fact that the two learned Judges have arrived at different conclusion would automatically make the existence of reasonable…
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