1996 PLP 958 (SCMR)
MUHAMMAD SADIQ‑‑‑Petitioner Versus THE STATE‑‑‑Respondent
| Citation | 1996 PLP 958 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Sajjad Ali Shah and Muhammad Rafiq Tarar, JJ |
| Parties | MUHAMMAD SADIQ‑‑‑Petitioner Versus THE STATE‑‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑‑ |
Q1: What are the key laws and sections cited in 1996 PLP 958 (SCMR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1996 PLP 958 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Sajjad Ali Shah and Muhammad Rafiq Tarar, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1996 PLP 958 (SCMR) (MUHAMMAD SADIQ‑‑‑Petitioner Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Abdul Wahid Chauhdry, Senior Advocate Supreme Court instructed by S. Inayat Hussain, Advocate‑on‑record (absent) for Petitioner.
- Date of hearing: 10th May, 1994.
- Muhammad Abdul Wahid Chauhdry, Senior Advocate Supreme Court instructed by S. Inayat Hussain, Advocate-on-record (absent) for Petitioner.
Headnotes / Summary
(On appeal from the order dated 9‑3‑1994 passed by the Lahore High Court, Lahore in Cr. Misc. No. 835/B/1994). ‑‑‑‑S. 497‑‑‑Penal Code (XLV of 1860), S. 302/324/452/148‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Bail‑‑‑Accused and their co‑accused had allegedly launched an attack on the deceased and injured prosecution witnesses right in their house where they were peacefully sitting and talking with each other‑‑‑Bail was refused to accused in circumstances. Nemo for the State.
Judgment & Decree
MUHAMMAD RAFIQ TARAR, J.
Muhammad Sadiq and Fateh Alam petitioners seek leave to appeal from the order of a learned Single Judge of the Lahore High Court dated 9-3-'1994 whereby their petition for bail in a case registered against them and others under sections 148, 452, 302 and 324 of the P.P.C. was dismissed.
2. The F.I.R. version was that on 25-5-1993 at about Isha prayer tine Ghazanfar Ali deceased, Shafqat Ali P.W. and Azmat Ali complainant were sitting in the courtyard, of their house on. cots when Abid Hussain and Jar, Muhammad alias Azam armed with 222 bore rifles, Muhammad Sadiq, Abdul Khaliq and Abdul Aziz armed with .12 bore guns and Fateh Alam armed with 7 MM rifle trespassed into the house and simultaneously Abid Hussain fired his rifle hitting Ghazanfar Ali deceased in the left fore-arm followed by another fire on Shafqat Ali hitting the thumb of his left hand. The third fire of Abid Hussain landed on the left thigh of Shafqat Ali, Jan Muhammad fired at Ghazand4 hitting his nose. Ghazanfar Ali tried to run when Fateh Alam petitioner fired at him from behind causing an exit wound in the chest. Fateh Alam petitioner again fired at Shafqat Ali hitting the back of the left hand. Muhammad Sadiq petitioner fired at the complainant hitting his right thigh. Thereafter, the accused persons went away firing in the air.
3. Learned counsel for the petitioners contends that no injury to the deceased has been attributed to Muhammad Sadiq while the fire of Fateh Alain' . which allegedly caused the exit wound on the chest of the deceased finds no mention in the post-mortem report: After considering the submissions of the learned counsel in the light of material available on the record we are not inclined to interfere with the impugned order. The allegation is that the petitioners and their co-accused launched attack on the deceased and injured P.Ws. right in their house where they peacefully sitting and talking with each other. In the circumstances no ground for interference with the impugned order is made out. The petition is dismissed. N:H.Q./M-2211/S Bail refused,