Case Details

Citation(s)
2006 SLG 2401 2006 SLD 2401 2006 SCMR 93
Supreme Court of Pakistan
Criminal Petition No.36-Q of 2005, decision dated: 31st October, 2005
IFTIKHAR MUHAMMAD CHAUDHRY, C.J. AND, JAVED IQBAL, J

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

FAIZ MUHAMMAD

VS

THE STATE

Law:

Section:

Criminal Procedure Code (V of 1898)-------S. 498---Explosive Substances Act (VI of 1908), Ss.3, 4 & 5---Anti-Terrorism Act (XXVII of 1997), S.7(m)---Constitution of Pakistan (1973), Art.185(3)---Bail, cancellation, of---Prima facie involvement of accused was depicted---Bail had been cancelled by the High Court and High Court had not exercised its discretion in an arbitrary manner---Held, where prima facie case was made out the Supreme Court would not interfere with the orders of High Court canceling the bail. Karam Elahi v. State 1977 SCMR 499(2) and Muhammad Ashraf v. State 1979 SCMR 399 fol. Kamran Murtaza, Advocate Supreme Court for Petitioner. Ameenuddin Bazai, Additional Advocate-General for the State. Date of hearing: 31st October, 2005. ORDER JAVED IQBAL, J.---This criminal petition for leave to appeal is directed against the judgment, dated 24-8-2005 passed by learned High Court of Balochistan, Quetta, whereby the bail granted in favour of petitioner has been cancelled. 2. Precisely stated the facts of the case are that the petitioner was apprehended in a case got registered under sections 3, 4 and 5 of the Explosive Substances Act; 1908 read with section 7(m) of the Anti-Terrorism Act, 1997 vide F.I.R. No.38 of 2005 at Police Station Turbat Kech on the report of. Muhammad Qasim, S.-I./S.H.O. wherein it was alleged that pursuant to an explosion near the office of Project Director, Meerani Dam a dead body of some unknown person was recovered who succumbed to the injuries on account of the said explosion. It is further alleged that the blood trail was followed which culminated into the arrest of the petitioner who was found lying behind the bushes without having shirt on his person in an injured condition and was arrested. It is further mentioned that during the course of investigation the petitioner made disclosure about the identity and name of the main culprit. The learned Sessions Judge, Mekran at Turbat, extended the concession of bail in favour of petitioner on 18-6-2005 which was cancelled by means of judgment impugned, hence this petition. 3. Heard Mr. Kamran Murtaza, learned Advocate Supreme Court on behalf of petitioner and Mr. Ameenuddin…
🔒
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