2010 PLP 412 (GBLR)
THE STATE — Petitioner Versus KHAN BIBI alias KHANI — Respondent
| Citation | 2010 PLP 412 (GBLR) |
| Forum / Court | Supreme Appellate Court |
| Bench Members | Muhammad Nawaz Abbasi, C.J., Syed Jaffar Shah and Muhammad Yaqoob, JJ |
| Parties | THE STATE — Petitioner Versus KHAN BIBI alias KHANI — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2010 PLP 412 (GBLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2010 PLP 412 (GBLR)?
The case was heard and decided by the Supreme Appellate Court bench comprising: Muhammad Nawaz Abbasi, C.J., Syed Jaffar Shah and Muhammad Yaqoob, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2010 PLP 412 (GBLR) (THE STATE — Petitioner Versus KHAN BIBI alias KHANI — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- ----S. 497(5)---Penal Code (XLV of 1860), S.302/34---Qatl-e-amd---Bail, cancellation of---State had filed petition for cancellation of bail of accused in case of murder of her husband---Respondent/accused was allowed bail by the Chief Court with observation that no direct evidence existed; and circumstantial evidence was yet to be scrutinized to ascertain the question of guilt or innocence at the trial---Advocate General had submitted that son of accused, a student of sixth class in his statement under S.161, Cr.P.C. had clearly stated that his mother having illicit relation with co-accused conspired the commission of offence---Occurrence was unseen in which no direct evidence was available and indirect evidence could not be substituted for direct evidence---Mere suspicion of son of accused of her illicit relation with co-accused, would not be sufficient to withhold the bail---No interference could be made in the order of Chief Court granting bail.
- Advocate General for Petitioner.
- The learned Advocate General has submitted that real son of the respondent, a student of sixth class in his statement under section 161 Cr.P.C. has clearly stated that his mother having illicit relation with her co-accused conspired the commission of offence.
Headnotes / Summary
S. 497(5)
Penal Code (XLV of 1860), S.302/34
State had filed petition for cancellation of bail of accused in case of murder of her husband
Respondent/accused was allowed bail by the Chief Court with observation that no direct evidence existed; and circumstantial evidence was yet to be scrutinized to ascertain the question of guilt or innocence at the trial
Advocate General had submitted that son of accused, a student of sixth class in his statement under S.161, Cr.P.C. had clearly stated that his mother having illicit relation with co-accused conspired the commission of offence
Occurrence was unseen in which no direct evidence was available and indirect evidence could not be substituted for direct evidence
Mere suspicion of son of accused of her illicit relation with co-accused, would not be sufficient to withhold the bail
No interference could be made in the order of Chief Court granting bail.
Judgment & Decree
MUHAMMAD NAWAZ ABBASI, C.J.
The State has filed this petition for cancellation of bail of Khan Bibi alias Khani respondent herein an accused in the murder case of her husband. The respondent has been allowed bail by the Chief Court with the observation that there is no direct evidence and circumstantial evidence is yet to be scrutinized to ascertain the question of guilty or innocence at trial, therefore, the case would squarely fall within the ambit of section 497(2), Cr.P.C. for the purpose of further inquiry. The learned Advocate General has submitted that real son of the respondent, a student of sixth class in his statement under section 161 Cr.P.C. has clearly stated that his mother having illicit relation with her co-accused conspired the commission of offence. This is an unseen occurrence in which no direct evidence is available, and indirect evidence cannot be substituted for direct evidence. The mere suspicious of son of respondent of her illicit relation with her co-accused Iftikhar would not be sufficient to withhold the bail. Consequently we may not interfere in the order of Chief Court. This petition is accordingly dismissed. H.B.T./16/Glt Petition dismissed.