2003 PLP 1709 (SCMR)
SAIF ALI — Petitioner Versus THE STATE and another — Respondents
| Citation | 2003 PLP 1709 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Tanvir Ahmed Khan, Khalil-ur-Rehman Ramday and Falak Sher, JJ |
| Parties | SAIF ALI — Petitioner Versus THE STATE and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2003 PLP 1709 (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 2003 PLP 1709 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Tanvir Ahmed Khan, Khalil-ur-Rehman Ramday and Falak Sher, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2003 PLP 1709 (SCMR) (SAIF ALI — Petitioner Versus THE STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Saif-ul-Malook, Advocate Supreme Court for Petitioner.
- Nemo for Respondents
- Date of hearing: 10th December, 2002.
Headnotes / Summary
(On appeal from the order, dated 16-7-2002 passed in Criminal Miscellaneous No. 4386-B of 2002 by the Lahore High Court, Lahore).
S. 497
Penal Code (XLV of 1860), Ss.302/324
Constitution of Pakistan (1973), Art.185(3)
Stance of accused that he had purchased the property in dispute and being in its possession complainant party had acted in aggression, could not be dilated upon at such stage lest it might prejudice the case of other party
Trial Court was to decide such issues after recording the evidence
High Court had given cogent reasons for recalling the order of the Sessions Court whereby the accused was allowed bail
Bail was declined to accused in circumstances
Leave to appeal was refused accordingly.
Judgment & Decree
TANVIR AHMED KHAN, J.
Leave to appeal is sought against the order dated 16-7-2002 passed in Criminal Miscellaneous No.4386-B of 2002 whereby the learned Single Judge of the Lahore High Court, Lahore, at the instance of Muhammad Ilyas respondent No.2 recalled the concession of bail earlier granted to the petitioner by the learned Additional Sessions Judge, Sialkot, through his order dated 13-6-2002.
2. We have considered the contentions raised by the learned counsel for the petitioner and have gone through the documents appended with this petition. It is reflected from the perusal thereof that in this case Ahmad Bibi lost her life and the complainant and his brother Riaz, sustained injuries. Learned counsel for the petitioner during the course of arguments has made reference to certain orders of, a learned Civil Judge whereby interim injunction qua the dispute of the land claimed by the injured, was refused. His stance is that it was the complainant party who was the aggressor as the petitioner has purchased the said property for a consideration of Rs.2,00,000 through a registered .sale-deed. We do not want to dilate upon the issues raised by the learned counsel for the petitioner qua the stance of possession of the disputed land where the occurrence had taken place as this exercise may prejudice the case of the other party. All these factors would be decided by the learned trial Court after the production of the evidence during the course of the trial. Learned Single Judge of the Lahore High Court has given cogent reasons for recalling the earlier order whereby the petitioner was granted concession of bail by the learned Additional Sessions Judge.
3. In this view of the matter, we do not find any justification to interfere with the same. This petition is, therefore, dismissed: Leave is refused. N.H.Q./S-292/S Bail refused