| Citation(s) |
|---|
| 1992 SLG 579 1992 SLD 579 1992 SCMR 813 |
Supreme Court of Pakistan
Criminal Appeal No.42 in Criminal Petition for leave to Appeal No.77/L of 1991, decision dated: 30-03-1991 (From the judgment of Lahore High Court, Lahore, dated 27-02-1991 passed in Criminal Miscellaneous No.3682/B of 1990)
SHAFIUR RAHMAN, ACTG. C.J. AND MUHAMMAD AFZAL LONE, J
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Criminal Appeal No.42 in Criminal Petition for leave to Appeal No.77/L of 1991, decision dated: 30-03-1991 (From the judgment of Lahore High Court, Lahore, dated 27-02-1991 passed in Criminal Miscellaneous No.3682/B of 1990)
SHAFIUR RAHMAN, ACTG. C.J. AND MUHAMMAD AFZAL LONE, J
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SHAHID IQBAL BUTT
THE STATE and others
Law:
Section:
Criminal Procedure Code (V of 1898)--S.497---Penal Code (XLV of 1860), S.302/307/148/149--- Constitution of Pakistan ( 1973), Art.185(3)---Bail---Bail granted to accused by Sessions Court had been cancelled by High Court---Final report submitted under S.173, Cr.P.C. revealed that case against accused stood cancelled by an order of the Magistrate which fact was confirmed by prosecution---Complainant, however, disputed the correctness of the order so passed by the Magistrate---Held,. Supreme Court was not called upon in such proceedings to determine the correctness of the order of cancellation of the case as against the accused and his discharge yet all the same it must take note of what had happened---Order discharging accused having been passed, cancellation of bail order by High Court automatically did not stand in the way and the same was consequently set aside. ORDER SHAFIUR RAHMAN, ACTG. CJ:---Shahid Iqbal Butt, the petitioner,, was directly, charged by the first informant for firing at his head with a .12 bore gun in an occurrence resulting in the registration of the case under section 302/307/148/149, P.P.C. against him and a few others. 2. The learned Additional District Judge, Faisalabad admitted Shabid Iqbal Butt/petitioner to bail on 25-8-1990 on the ground that Javed Iqbal who was injured at the hands of Shahid Iqbal specifically exonerated him from the charge and stated that he was not present at the spot, coupled with the fact that the Investigating Officer also found him innocent. The High Court in cancelling the bail granted to Shahid Iqbal, held as hereunder:----- "Though the police has held the respondent innocent, yet…
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