| Citation(s) |
|---|
| 2007 SLG 1491 2007 SLD 1491 2007 SCMR 1857 |
Supreme Court of Pakistan
Cr. P.L.A. No.48-L of 2006, decision dated: 4-04-2006. (On appeal from the order of Lahore High Court, dated 21-12-2005 passed in Criminal Miscellaneous No.8685/B of 2005)
TASSADUQ HUSSAIN, JILLANI AND NASIR-UL-MULK, JJ
Ch. Naseer Ahmad Bhutta, Advocate Supreme Court and Mahmudul Islam, Advocate-on-Record for Petitioner. M.A. Zafar, Advocate Supreme Court and Ch. M. Anwar Khan, Advocate-on-Record for
Respondent. Muhammad Akbar Tarar, Additional Advocate-General, Punjab,
Cr. P.L.A. No.48-L of 2006, decision dated: 4-04-2006. (On appeal from the order of Lahore High Court, dated 21-12-2005 passed in Criminal Miscellaneous No.8685/B of 2005)
TASSADUQ HUSSAIN, JILLANI AND NASIR-UL-MULK, JJ
Ch. Naseer Ahmad Bhutta, Advocate Supreme Court and Mahmudul Islam, Advocate-on-Record for Petitioner. M.A. Zafar, Advocate Supreme Court and Ch. M. Anwar Khan, Advocate-on-Record for
Respondent. Muhammad Akbar Tarar, Additional Advocate-General, Punjab,
MUHAMMAD HANIF
VS
SHAFQAT NAZIR and others
Law:
Section:
(a) Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Penal Code (XLV of 1860), Ss.302/324/148/149---Constitution of Pakistan (1973), Art.185(3)---Bail, cancellation of---Case of co-accused who had been granted bail in the case was different from the present accused---Injured prosecution witness had fully supported the prosecution case---Accused had been attributed a specific role of causing fire-arm injuries on three deceased---Complainant on having entertained serious doubts about the fairness of investigation had filed a private complaint in which the accused had been summoned to face the trial---Allegations of attempts to suborn the evidence of prosecution had also been made against the accused---Bail granted to accused by High Court was cancelled in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Constitution of Pakistan (1973), Art.185(3)---Bail---Interference by Supreme Court after commencement of trial---Supreme Court ordinarily does not interfere in the bail granting or refusing orders, if the trial has commenced. ORDER TASSADUQ HUSSAIN JILLANI, J. --- -Petitioner-complainant seeks cancellation of bail granted to the -Respondent vide order, dated 21-12-2005 passed in Criminal Miscellaneous No.8685/B of 2005 by learned Lahore High Court in the case registered vide F.I.R. No.364 dated 1.3-11-2004 under sections 302/324/148/149, P.P.C., Police Station Karianwala for the triple murder of Aurangzeb, Muhammad Shaukat and Sarfraz Ahmed and for causing injuries on the person of Imran Shaukat son of Muhammad Shaukat. 2. The prosecution story as given in the F.I.R. briefly stated is that on the fateful day at about 5-30 p.m. complainant along with Aurangzeb, Muhammad Shaukat, Sarfraz Ahmed (deceased) and injured Imran Shaukat were proceeding towards their house after saying their Maghrib prayer when on the way they were attacked by Muhammad Nazir, Usman Nazir, Shafaqat Nazir -Respondent armed with fire-arms and two others, who it was alleged could be identified if they were made to appear before him. Muhammad Nazir raised Lalkara that the family of Aurangzeb be finished and whereafter Usman Nazir fired which hit Muhammad Shaukat and…
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