Case Details

Citation(s)
2000 SLG 725 2000 SLD 725 2000 SCMR 155 2000 SLD 1136 2000 SCMR 155
Supreme Court of Pakistan
Criminal Petition No. 140-L of 1999, decision dated: 15-09-1999.
IRSHAN HASAN KHAN, ACTG. CJ AND SH. IJAZ NISAR, J

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AZHAR HUSSAIN and others

VS

THE STATE

Law:

Section:

Criminal Procedure Code (V of 1898)--S. 497---Penal Code (XLV of 1860), S.302/34/449/452/324---Constitution of Pakistan (1973), Art. 185 (3)---Bail---Accused were specifically named in her 'dying declaration by the deceased and also in the statements of other witnesses recorded under S. 161, Cr.P.C---Well-reasoned order of High Court cancelling bail of the accused granted by Trial Court did not require any interference---Trial Court was, however, directed to conclude the trial within the specified period---Leave to appeal was refused to accused accordingly. Mehdi Khan Mehtab, Advocate-on-Record for Appellants. Mian Abdul Qayyum Ansari, Advocate Supreme Court for the State. Sh. Khizar Hayat, Advocate Supreme Court and S. Abdul Asim Jafri, Advocate-on-Record: Caveat. Date of hearing: 15th September, 1999. ORDER IRSHAD HASAN KHAN, ACTG. C.J.---This petition under Article 185(3) of the Constitution of the Islamic republic of Pakistan, 1973 is directed against the order dated 12-3-1999 passed by the Lahore High Court, Bahawalpur Bench, Bahawalpur in Criminal Miscellaneous No.335-CB/1997/BWP. 2. This case has arisen out of case F. I. R. No.166/96 dated 9-7-1996 under section 302/34/449/452/324, P.P.C. The petitioners were granted bail by the trial Court on the ground that they were found innocent by the investigating agency. Ghulam Muhammad, respondent No.2 herein moved two separate petitions before the High Court, Bahawalpur Bench, Bahawalpur for cancellation of bail. The learned Judge in Chambers allowed the application, in that the petitioners were specifically named in the dying declaration of Mst. Nahid and also in the statements of other witnesses, recorded under section 161, Cr.P.C. 3. It would be of advantage to reproduce the following passage from the impugned judgment; "It is now well settled that the mere fact that the name of a particular accused is not mentioned in the F.I.R. would not exonerate him from the criminal liability, if his involvement in the criminal case is otherwise established by cogent and convincing material and in the instant case there is ample material available on the file which may tend to show that all the respondents were present…
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