| Citation(s) |
|---|
| 2004 SLG 1129 2004 SLD 1129 2004 SCMR 1160 |
Supreme Court of Pakistan
Criminal Petitions Nos.73/K, 127/K of 2002 and 84/K of 2003, decision dated: 12-04-2004. (On appeal from the order, dated 21 4 2003 of the High Court of Sindh, Circuit Court, Larkana, passed in Criminal Bail Application No. 108 of 2003)
NAZIM HUSSAIN SIDDIQUI, C.J., JAVED IQBAL AND ABDUL HAMEED DOGAR, JJ
Mazhar Ali B. Chohan, Advocate Supreme Court for Petitioner (in Criminal Petitions Nos.73/K and 127/K of 2002). Nur-ud-Din Sarki, Advocate Supreme Court and R.A. Qureshi, Advocate on-Record for
Respondent No. 1 (in Criminal Petitions Nos.73/K, 127/K of
Criminal Petitions Nos.73/K, 127/K of 2002 and 84/K of 2003, decision dated: 12-04-2004. (On appeal from the order, dated 21 4 2003 of the High Court of Sindh, Circuit Court, Larkana, passed in Criminal Bail Application No. 108 of 2003)
NAZIM HUSSAIN SIDDIQUI, C.J., JAVED IQBAL AND ABDUL HAMEED DOGAR, JJ
Mazhar Ali B. Chohan, Advocate Supreme Court for Petitioner (in Criminal Petitions Nos.73/K and 127/K of 2002). Nur-ud-Din Sarki, Advocate Supreme Court and R.A. Qureshi, Advocate on-Record for
Respondent No. 1 (in Criminal Petitions Nos.73/K, 127/K of
Criminal No.73/K of 2002 NAZIR AHMAD
VS
MUHAMMAD ISMAIL and another Criminal No. 127/K of 2002 NAZIR AHMAD Vs ALI GUL and others Criminal No.84/K of 2003 LUTUF ALI Vs THE STATE
Law:
Section:
(a) Criminal Procedure Code (V of 1898)--- S. 497(5) Penal Code (XLV of 1860), Ss.302/324/149 ¬Constitution of Pakistan (1973), Art.185(3) Cancellation of bail ¬Delay in conclusion of the trial had occasioned because of the adjournments sought on behalf of accused Specific role of firing at both the deceased was attributed to the accused Participation of accused in the occurrence was corroborated by the presence of so many fire arm injures on the person of the deceased Bail allowed to accused by High Court was cancelled in circumstances. Shahnawaz and 2 others v. The State and another PLD 1994 SC 65 ref. (b) Criminal Procedure Code (V of 1898) S. 497(5) Penal Code (XLV of 1860), Ss.302/324/149 Cancellation of bail Principle Strong and exceptional grounds are required for cancellation of bail What has to be seen is whether order granting bail is patently illegal, erroneous, factually incorrect and has resulted in miscarriage of justice. (c) Criminal Procedure Code (V of 1898) S. 497 Penal Code (XLV of 1860), Ss.302/324/149 Constitution of Pakistan (1973), Art.185(3) Bail, refusal of Accused according to prosecution had actively participated in the commission of the offence and caused fire arm injuries to the deceased Bail was declined to accused in circumstances. JUDGMENT ABDUL HAMEED DOGAR, J. --------Respondents Muhammad Ismail and Ali Gul were granted bail by a learned Judge in Chambers of High Court of Sindh, Circuit Court, Larkana, vide orders, dated 12 6 2002 and 27 9 2002 respectively whereas petitioner Lutuf Ali was declined the concession of bail vide order dated 21 4 2003. 2. Complainant/petitioner Nazir Ahmed seeks cancellation of bail through Criminal Petitions Nos.73/K and 127/K of 2002. As regards Criminal Petition No.84/K of 2003 the same has been filed by petitioner Lutuf Ali an accused and has sought bail after arrest against the order, dated 21 4 2003. 3. Briefly stated, the facts of the case of the prosecution are that complainant party own 20 acres agricultural land in village Wandh Ali Muhammad Kartio. Respondents Ali Gohar and Muhammad Ismail had asked the complainant to sell out the same to them which was declined. Resultantly, they being…
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