| Citation(s) |
|---|
| 2004 SLG 1034 2004 SLD 1034 2004 SCMR 860 |
Supreme Court of Pakistan
Criminal Petition No. 823 L of 2002, decision dated: 22-01-2003.(On appeal from the judgment dated 3 10 2002 passed by the Lahore High Court, Lahore, in Criminal Miscellaneous No.5235/B of 2002)
JAVED IQBAL AND FAQIR MUHAMMAD KHOKHAR, JJ
Ghulam Haider Alghazali, Advocate Supreme Court for Petitioner. Hasnat Ahmad, Advocate Supreme Court with Faiz ur Rehman, Advocate on-Record for
Respondent
Criminal Petition No. 823 L of 2002, decision dated: 22-01-2003.(On appeal from the judgment dated 3 10 2002 passed by the Lahore High Court, Lahore, in Criminal Miscellaneous No.5235/B of 2002)
JAVED IQBAL AND FAQIR MUHAMMAD KHOKHAR, JJ
Ghulam Haider Alghazali, Advocate Supreme Court for Petitioner. Hasnat Ahmad, Advocate Supreme Court with Faiz ur Rehman, Advocate on-Record for
Respondent
WASEEM ULLAH
VS
THE STATE
Law:
Section:
Criminal Procedure Code (V of 1898)---S. 497 Penal Code (XLV of 1860), Ss.302/324/148/149/109 ¬Cotystitution of Pakistan (1973), Art. 185(3) Bail Occurrence had taken place during the day light and the F.I.R. was promptly lodged -Accused was alleged to have caused fire arm injuries on the person of the deceased, who was an advocate, and injured one prosecution witness Motive for the occurrence was stated to be that deceased, being an advocate, was conducting and pursuing the Court cases on behalf of the opposite party of the accused in the discharge of his professional duties High Court, in facts and circumstances of the case was justified in refusing to release the accused on bail in the murder case Petition for leave to appeal was dismissed by the Supreme Court. ORDER FAQIR MUHAMMAD KHOKHAR, J. This petition is directed against order dated 3 10 2002 passed by the Lahore High Court, Lahore in Criminal Miscellaneous No.5235/B of 2002. 2 The case F.I.R. No.340 of 2000 was registered on 26 11 2000 at Police Station Chhab Kalan, District Khanewal, under sections 148/302/324/149/109, P.P.C. against the petitioner and others on the complaint of one Ijaz ul Haq for the murder of his brother Malik Muhammad Yousuf, Advocate and for causing a fire arm injury on the person Abid Hussain. The petitioner moved a Criminal Miscellaneous No. 818 B of 2002 for bail, which was dismissed on 30 5 2002, by the Lahore High Court, Lahore as withdrawn. The petitioner again moved a Criminal Miscellaneous No.5235 B of 2002, which was dismissed by the Lahore High Court, Lahore by impugned order dated 3 10 2002. 3. The learned counsel for the petitioner argued that the petitioner was behind the bars since 26 11 2000. It was submitted that, despite the directions of the High Court, the…
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