| Citation(s) |
|---|
| 2003 SLG 816 2003 SLD 816 2003 SCMR 64 |
Supreme Court of Pakistan
Criminal Petition No. 17-K of 2002, decided 8th July, 2002. (On appeal from judgment dated 25-8-2001 passed by the High Court of Sindh, Bench at Sukkur, in Criminal Miscellaneous A.No. S-93 of 2001)
SVED DEEDAR HUSSAIN SHAH, HAMID ALI MIRZA AND ABDUL HAMEED DOGAR, JJ
Ghulam Qadir Jatoi, Advocate Supreme Court for Petitioner. Suleman Habibullah, Additional Advocate-General, Sindh for the State. M.L. Shahani, Advocate Supreme Court and N.C. Motiani, Advocate-on-Record for the Complainant
Criminal Petition No. 17-K of 2002, decided 8th July, 2002. (On appeal from judgment dated 25-8-2001 passed by the High Court of Sindh, Bench at Sukkur, in Criminal Miscellaneous A.No. S-93 of 2001)
SVED DEEDAR HUSSAIN SHAH, HAMID ALI MIRZA AND ABDUL HAMEED DOGAR, JJ
Ghulam Qadir Jatoi, Advocate Supreme Court for Petitioner. Suleman Habibullah, Additional Advocate-General, Sindh for the State. M.L. Shahani, Advocate Supreme Court and N.C. Motiani, Advocate-on-Record for the Complainant
MUR-EED and 2 others
VS
THE STATE
Law: Criminal Procedure Code (V of 1898)
Section: 497
Law: Constitution of Pakistan, 1973
Section: 185(3)
Law: Pakistan Penal Code, 1860
Section: 302,324,149
Criminal Procedure Code (V of 1898)---- ---S.497---Penal Code (XLV of 1860), S.302/324/149---Constitution of Pakistan (1973), Art. 185(3)---Bail---Incident was of day time---Specific role of causing injuries to the deceased and prosecution witnesses was attributed to each accused---Ocular testimony was corroborated by medical evidence--Impugned did not suffer from, any misreading or non-reading of available material or any misconstruction of law and was based on valid and sound reasons in consonance with law and was not open to any exception--Delay of 145 days in filing the petition for leave to appeal had not been explained with valid and cogent reasons--No question of public importance was involved in the case---Petition was dismissed on merits as well as on the point of limitation and leave to appeal was declined to accused accordingly. JUDGMENT SYED DEEDAR HUSSAIN SHAH, J. ---Petitioners seek leave to appeal against judgment dated 25-8-2001, passed by the High Court of Sindh, Bench at Sukkur, in Criminal Miscellaneous A.No.S-93 of 2001. 2. Briefly stated the facts of the case are that on 6-12-2000 complainant Qurban Ali lodged F.I.R. No. 114 with Police Station Pirjo Goth, alleging therein that Jam Muhammad is his brother-in-law, who lives with him in the same village: Nazir Ahmed son of Lal Bux Bhutto had solemnized Court marriage with Mst. Salma daughter of Muhammad Bachal Bhutto, on which Muhammad Bachal Bhutto and others were annoyed with Jan Muhammad. because he had provided help-to them. On the day of occurrence, early in the morning, the complainant was standing in land for rotation of water, Jan Muhammad had to go on his duty to Khairpur in his Car No.J-1821/Karachi, and Saindad, Abdul Hafeez, Ali Dino and Nazir Ahmed, were also ready to go with. him to Khairpur in the same car. As the complainant was standing in the land he saw that the car of Jan Muhammad came from house, when it moved ahead of village Hamid Bhutto on the link road from Bhatyoon to Pirjo Goth, at about 8-00 a.m. accused Mumtaz armed with hatchet. Aijaz with TT Pistol, Atta Muhammad with single-barrel gun, Murid with Lathi. Mashooq with hatchet, Suleman with Lathi, Sarwar with…
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