| Citation(s) |
|---|
| 2006 SLG 1505 2006 SLD 1505 2006 PLD 263 2006 PLJ 1121 |
Supreme Court of Pakistan
Jail Petition No.62 of 2005, decision dated: 7-12-2005. (On appeal from the judgment dated 11-6-2004 passed by the Lahore High Court, Rawalpindi Bench in Criminal Appeal No.78-T of 2004).
ABDUL HAMEED DOGAR, JUSTICE MIAN SHAKIRULLAH, JAN, JUSTICE RAJA FAYYAZ AHMED, JUSTICE
Zulfiqar Ahmad Bhutta, Advocate Supreme Court. Mehmood Ahmed Sheikh, Advocate Supreme Court for the State.
Jail Petition No.62 of 2005, decision dated: 7-12-2005. (On appeal from the judgment dated 11-6-2004 passed by the Lahore High Court, Rawalpindi Bench in Criminal Appeal No.78-T of 2004).
ABDUL HAMEED DOGAR, JUSTICE MIAN SHAKIRULLAH, JAN, JUSTICE RAJA FAYYAZ AHMED, JUSTICE
Zulfiqar Ahmad Bhutta, Advocate Supreme Court. Mehmood Ahmed Sheikh, Advocate Supreme Court for the State.
ABDUL HAMEED DOGAR, JUSTICE MIAN SHAKIRULLAH JAN, JUSTICE RAJA FAYYAZ AHMED, JUSTICE RIAZ MASIH
VS
: THE STATE RIAZ MASIH VS : THE STATE
Law: Anti Terrorism Act, 1997
Section: 7(b),7(h)
Law: Constitution of Pakistan, 1973
Section: 185(3)
Anti-Terrorism Act (XXVII of 1997)-------Ss. 7(b) & 7(h)---Constitution of Pakistan (1973), Art.185(3)---Accused was a habitual car lifter and was involved in many cases---Many incriminating articles including registration books and number plates of different vehicles had been recovered by the police from the house of accused---Stolen car of the present case had also been recovered from the possession of accused---Forensic Science Laboratory had given a positive report about the crime empties collected by the police from the spot--Prosecution witnesses had fully implicated the accused in the commission of offence--Petition for leave to appeal was barred by 198 days for which no plausible explanation had been given---Leave to appeal was declined to accused in circumstances. THIS ORDER PASSED BY: ABDUL HAMEED DOGAR, JUSTICE:---.--- This petition is directed against the judgment dated 11-6-2004 passed by the Lahore High Court, Rawalpindi Bench whereby Criminal Appeal No.78-T of 2004 filed by petitioner was dismissed and his conviction and sentence recorded under section 7(b) of Anti-Terrorism Act to 5 years' R.I. with fine of Rs.10,000 or in default to further undergo R.I. for 3 months and under section 7(h) of Anti-Terrorism Act, 1997 to one year R.I. was maintained. Benefit of section 382-B, Cr.P.C. was extended to the petitioner. 2. Precisely, the allegation against the petitioner was that he along with his co-accused fired successive shots on police party while Abdur Razzaq, Inspector AC.LC Headquarter, Golera Sharif, Islamabad, accompanied by Asjad Mehmood, S.I. and other police officials were present on patrol duty in Sector I-8 and were checking stolen vehicles. While checking the car, a Suzuki Mehran came rushing from the side of Sector I-8/2 at 8-20 p.m. to which Muhammad Akram, Constable gave it signal with a torch to stop but the driver dashed the car towards him in order to hit him but he was saved. The said car had the plate No.IDL-3571. The…
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