Case Details

Citation(s)
2002 SLG 1392 2002 SLD 1392 2002 SCMR 1304
Supreme Court of Pakistan
Criminal Petition No.41-L of 2002, decision dated: 15-04-2002. (On appeal from the order, dated 14-12-2001 of the Lahore High Court, Lahore, passed in Criminal Miscellaneous No.7498-B of 2001)
ABDUL HAMEED DOGAR AND TANVIR AHMED KHAN, JJ
Ch. Ali Muhammad, Advocate Supreme Court for Petitioner. Nemo for
Respondents

MUHAMMAD SULEMAN-

VS

RIASAT ALI and another

Law:

Section:

Criminal Procedure; Code (V of 1898)--- ----Ss.497(2)(5)---Penal Code (XLV of 1860), S.395---Constitution of Pakistan (1973), Art. 185(3)---Bail, cancellation of---Failure to hold identification parade---Accused not nominated in F.I.R.---Effect---Non-­holding of identification parade after arrest of the accused person had brought his case within the purview of S.497(2), Cr.P.C. and he was rightly granted bail by High Court---Principles. regarding cancellation of bail being different from that of grant of bail---Supreme Court declined to cancel the bail---Leave to appeal was refused. JUDGMENT ABDUL HAMEED DOGAR, J.---The petitioner Muhammad Suleman seeks leave to appeal against the order dated 14-12-2001 passed by the Lahore High Court, in Criminal Miscellaneous No.7498-B of 2001' whereby respondent No. l Riasat Ali was admitted to post-arrest bail. 2. The facts leading to the filing of the instant petition are that F.I.R. No.215 was lodged at Police Station Saddar, Farooqabad, District Sheikhupura, on 16-7-2001 under section 395, P.P.C. with the facts that on the night between 15/16-7-2001, the complainant, his father Haji Ilam Din, Jamal Din and Muhammad Sharif were sleeping when at about 11-00 p.m they saw in the light of electric bulbs six culprits wearing police dress armed with lethal weapons entered inside their house. They caught hold of complainant's father and brought him down to the courtyard and on the gun point robbed the complainant party cash of Rs.19,000, golden ornaments, one .12 bore gun with licence owned by Muhammad Aamer and another .12 bore gun owned by Haji Ilam Din. They also took away Tractor No.SAD-1905 Massy Fargusan The complainant with the help of a foot­tracker reached in a Haveli at Mauza Malook; Police Station Warburton where they saw the…
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