1997 SCMR 1134 (PLP)
SAJJAD AHMED ‑‑‑Petitioner Versus MUHAMMAD AAMAR and another‑‑‑Respondents
| Citation | 1997 SCMR 1134 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Saiduzzaman Siddiqui and Mukhtar Ahmed Junejo, JJ |
| Parties | SAJJAD AHMED ‑‑‑Petitioner Versus MUHAMMAD AAMAR and another‑‑‑Respondents |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑‑ |
Q1: What are the key laws and sections cited in 1997 SCMR 1134 (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1997 SCMR 1134 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Saiduzzaman Siddiqui and Mukhtar Ahmed Junejo, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1997 SCMR 1134 (PLP) (SAJJAD AHMED ‑‑‑Petitioner Versus MUHAMMAD AAMAR and another‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Muhammad Iqbal, Advocate Supreme Court and Khan Imtiaz Muhammad Khan, Advocate‑on‑Record for Petitioner.
- Nemo for Respondent.
- Date of hearing: 22nd November 1994.
Headnotes / Summary
(On appeal from the judgment of Lahore Court, Rawalpindi Bench, dated 21‑9‑1994 passed in Cr. Misc. 592‑B/94). ‑‑‑‑S. 497‑‑‑Penal Code (XLV of 1860), S.302/34‑‑‑Constitution of Pakistan (1973), Art.185(3)‑‑‑Cancellation of bail‑‑‑Leave to appeal was granted to examine the contention that minority of accused was not sufficient in the circumstances of the case to admit him to bail in a case under S.302, P.P.C. as he was solely responsible for the death of the deceased by making repeated fires from the crime weapon. ‑‑‑[Age]. Imam Din v. Muhammad Rafique and others 1983 SCMR 791 ref.
Judgment & Decree
Imam Din v. Muhammad Rafique and others 1983 SCMR 791 ref. Ch. Muhammad Iqbal, Advocate Supreme Court and Khan Imtiaz Muhammad Khan, Advocate‑on‑Record for Petitioner. Nemo for Respondent. Date of hearing: 22nd November 1994. SAIDUZZMAN SIDDIQUI, J.‑‑‑Leave is sought by the petitioner in the above case against the order of Lahore High Court, Rawalpindi Bench, dated 21‑9‑1994 whereby a learned Judge in chambers admitted Muhammad Aamer, respondent, to bail in a case under section 302/34, P.P.C on the sole ground of minority. In seeking leave to appeal against the order of learned Judge of the High Court, the learned counsel for the petitioner has relied on the following observations in the case Imam Din v. Muhammad Rafique etc. (1983 SCMR 791):‑‑ "After examining the circumstances of the case, we are of the view that this was not at all a fit case for the grant of bail. It is true that if an accused person is below the age of 16 years, the Court has a discretion to allow bail even in a case punishable with death or transportation for life, but while exercising this discretion, the attendant circumstances of the crime cannot be lost sight of. In the instant case we find that according to the allegations made by the prosecution it was the respondent who opened the attack on the deceased who was an elderly man, and fired several shots at him from a revolver. The circumstance that he might have acted under the influence of the older co‑accused Liaqat does not appear to have any bearing on the respondent's culpability. We would accordingly accept this appeal, set aside the order of the High Court, and cancel the bail granted to the respondent. He shall be taken into custody and remanded to the judicial lock‑up for the duration of the trial. " It is contended by the learned counsel that mere fact that respondent No. l was a minor was not sufficient in the circumstances of the case to admit him to bail in a case under section 302, P.P.C as the respondent was solely responsible for the death of the deceased by making repeated fires from the crime weapon. The contention raised by the learned counsel requires examination and we, accordingly, grant leave to appeal to consider the same. N.H.Q./S‑953/8 Leave granted.