1975 PLP 131 (SCMR)
SULEMAN KHAN AND ANOTHER Petitioner Versus THE STATE — Respondent
| Citation | 1975 PLP 131 (SCMR) |
| Forum / Court | High Court |
| Bench Members | N/A |
| Parties | SULEMAN KHAN AND ANOTHER Petitioner Versus THE STATE — Respondent |
| Primary Law | Bail |
Q1: What are the key laws and sections cited in 1975 PLP 131 (SCMR)?
This judgment primarily cites: Bail as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1975 PLP 131 (SCMR)?
The case was heard and decided by the High Court bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1975 PLP 131 (SCMR) (SULEMAN KHAN AND ANOTHER Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sardar Sami Hayat, Advocate Supreme Court instructed by Tanvir Ahmad, Advocate-on-Record for Petitioners.
- Sardar Sami Hayat, Advocate Supreme Court instructed by Tanvir Ahmad, Advocate‑on‑Record for Petitioners.
- M. A. Bajwa, Advocate Supreme Court on behalf of Advocate‑General Punjab for the State.
Headnotes / Summary
(On appeal from the order of the Lahore High Court, Lahore, dated the 28th November 1974, in Criminal Miscellaneous No. 3433-B of 1974). -- Anticipatory bail granted to persons cancelled by High Court and High Court directing that they be taken into custody when in fact no process of any kind issued by Magistrate dealing with the case-Order of High Court set aside. M. A. Bajwa, Advocate Supreme Court on behalf of Advocate-General Punjab for the State.
Judgment & Decree
‑‑ Anticipatory bail granted to persons cancelled by High Court and High Court directing that they be taken into custody when in fact no process of any kind issued by Magistrate dealing with the case‑Order of High Court set aside. Sardar Sami Hayat, Advocate Supreme Court instructed by Tanvir Ahmad, Advocate‑on‑Record for Petitioners. M. A. Bajwa, Advocate Supreme Court on behalf of Advocate‑General Punjab for the State. ABDUL KADIR SHAIKH, J.‑A learned Single Judge of the Lahore High Court while cancelling bail granted to Sulaman Khan and his brother Shabbir Khan, petitioners herein, directed by the order dated the 28th November 1974, that they shall be taken into custody by the concerned District authorities. It is submitted by learned counsel in support of this petition for special leave to appeal that the learned Single Judge in the High Court ignored the fact that no process 'of any kind has been issued against the petitioners by the Magistrate dealing with the case and no direction regarding their custody in jail could, therefore, be given by the High Court. After hearing the learned counsel for the petitioners we converted the petition into appeal. Learned counsel appearing for the State conceded that no coercive process has yet been issued against the petitioners in the complaint‑case by the 1st Class Magistrate, Gujranwula, and that they are also not required for police custody in connection with the First Information Report registered under section 302/34, P. P. C. at the Police Station, Kamoke. In view of this admitted position, the impugned order passed by the learned Single Judge is set aside and the appeal is allowed. The First Class Magistrate, Gujranwala will, however, deal with the complaint filed against the petitioners according to law. Appeal allowed