Case Details

Citation(s)
2006 SLG 2456 2006 SLD 2456 2006 SCMR 407
Supreme Court of Pakistan
Criminal Petition No.418-L of 2005, decision dated: 26-08-2005 (On appeal from the judgment/order, dated 13-7-2005 passed by Lahore High Court, Lahore in Criminal Miscellaneous No.4375/B of 2005)
IFTIKHAR MUHAMMAD CHAUDHRY, C.J., FAQIR MUHAMMAD KHOKHAR AND SAIYED SAEED ASHHAD, JJ

Deprecated: str_replace(): Passing null to parameter #3 ($subject) of type array|string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 395

ASHIR WASIM BABAR

VS

THE STATE

Law:

Section:

Criminal Procedure Code (V of 1898)-------S. 498---Penal Code (XLV of 1860), Ss.324/337-A(ii)/337-L(2)---Constitution of Pakistan (1973), Art.l85(3)---Pre-arrest bail, refusal of---Contesting of election openly for the office of "Nazim" by the accused after having been charged under Ss.324, 337-A(ii) & 337-L(2), P.P.C. itself was an evidence that the Authorities including the Incharge of the police station concerned and the Presiding Officer, etc. had not caused his arrest, knowing well about his involvement in the offence---Accused on account of his influence seemed to have attempted to circumvent the process of law, admittedly for no other purpose but with mala fide intentions and ulterior motives---F.I.R. and medical evidence had revealed that the accused had inflicted injuries with the "Butt" of the pistol on the vital part i.e., head of the complainant, which showed that the case had been registered against the accused without any ulterior motive---Happening of the incident was not denied by the accused and his plea that he had been attacked by the complainant party was not substantiated by him through any independent source at this stage---Complainant who had charged the accused for the offences including an attempt of murder, had suffered at his hands and no harm, therefore, would be caused if the accused was arrested---Investigating Agency had yet to recover the crime weapon from the accused which was not possible without his arrest---Pre-arrest bail was declined to accused in circumstances. Muhammad Safdar v. State 1983 SCMR 645 fol. Muhammad Anwar Bhore, Advocate Supreme Court and A.H. Masood, Advocate-on-Record for Petitioner. Ch. Muhammad Jehangir Wahla, Advocate Supreme Court and Tanveer Ahmad, Advocate-on-Record for the Complainant. M. Hanif Khatana, Additional Advocate-General, Mian Ghulam Hussain, Advocate Supreme Court and Muhammad Arshad, A.S.-I. for the State. Date of hearing: 26th August, 2005. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, C.J.--- This petition has been filed for leave to appeal against the order dated 13th July, 2002 passed by Lahore High Court, Lahore in Criminal Miscellaneous No.4375/B of 2005. 2. Facts in brief, leading to…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492