Case Details

Citation(s)
2002 SLG 1528 2002 SLD 1528 2002 SCMR 1876
Supreme Court of Pakistan
Criminal Petition No.634-L of 2001, decision dated: 5-04-2002
MUNIR A. SHEIKH, KHALIL-UR-REHMAN RAMDAY AND FAQIR MUHAMMAD KHOKHAR, JJ
S.M. Nazim, Advocate Supreme Court for Petitioner. Masood Sadiq Mirza, Advocate Supreme Court with Syed Abul Aasim Jafri, Advocate-on-Record (absent) for the State Ghulam Nabi Bhatti, Advocate Supreme Court with Ch. Mehdi Khan Mehtab, Advocate-on-Record

RAZZAQ AHMED

VS

THE STATE

Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S.497(5)---Penal Code (XLV of 1860), Ss.324, 452, 148 & ,149--­Constitution of Pakistan (1973), Art.185(3)---Bail, cancellation of---Trial Court allowed the bail on the ground that name of the accused was not mentioned in the F.I.R.; accused was behind the bars and supplementary statement made by the complainant was inadmissible---High Court cancelled the bail---Validity---While granting bail, the Trial Court did not correctly follow the principles regarding grant of bail in a case falling in the prohibitory clause of S.497, Cr.P.C.---Supreme Court declined to interfere with the well-reasoned discretionary order of the High Court---Leave to appeal was refused. JUDGMENT MUNIR A. SHEIKH, J.---The petitioner was granted bail by the learned Additional Sessions Judge, Daska vide order dated 17-3-2001, in a case registered through F.I.R. No. 24 of 2001 under sections 324/452/148/149, P.P.C. The occurrence took place at night According to the complainant the assailants had muffled their faces. Therefore, he did not mention the name of any person but in his statements trade after the recording of F.I.R. he named the present petitioner who…
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