1987 PLP 1857 (SCMR)
MUHAMMAD QASIM and another‑‑Petitioners Versus THE STATE and another‑‑Respondents
| Citation | 1987 PLP 1857 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Nasim Hasan Shah, Javid Iqbal, and Saad Saood Jan, JJ |
| Parties | MUHAMMAD QASIM and another‑‑Petitioners Versus THE STATE and another‑‑Respondents |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑ |
Q1: What are the key laws and sections cited in 1987 PLP 1857 (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 1987 PLP 1857 (SCMR)?
The case was heard and decided by the High Court bench comprising: Nasim Hasan Shah, Javid Iqbal, and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 1857 (SCMR) (MUHAMMAD QASIM and another‑‑Petitioners Versus THE STATE and another‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mian Saeedur Rehman, Advocate Supreme Court instructed by Sh. Salahuddin, Advocate‑on‑Record for Petitioners.
- Tanvir Ahmad Khan, Additional Advocate‑General Punjab for Respondent No.1.
- Nemo for Respondent No.2.
- Date of hearing: 21st July, 1987.
Headnotes / Summary
(On appeal from the order of the Lahore High Court Multan Bench, dated 23rd June, 1987, in Criminal Miscellaneous No.303/CB of 1987). ‑‑‑S. 498‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑Bail, cancellation of‑‑Exercise of discretion by High Court‑‑Petitioners accused of forcibly, trying to commit sodomy on a student of Intermediate Class who belonged to a respectable family were allowed bail by Sessions Court but on complainant's petition same was cancelled by High Court for cogent reasons‑‑Supreme Court declined to interfere in exercise of discretion by High Court and refused leave to appeal.
Judgment & Decree
JAVID IQBAL J.‑‑This petition for leave to appeal has been filed by Mohammad Qasim and Mohammad Zaheer petitioners both police officers against whom a case‑has been registered on 14th February 1987 for offences under section 365/342/506/34, P.P.C. read with section 12 of the Offence of Zina (Enforcement of Hudood) Ordinance No. VII of 1979 at Police Station Multan Cantt. at the instance of Akmal Mir Khan, a student of F.A. and son of Postmaster, Head Post Office, Multan. The allegation against the petitioners briefly is that they forcibly tried to commit sodomy on Akmal Mir Khan. The petitioners applied for bail before arrest which was rejected. Thereafter the lapse of ten days they applied for post arrest bail which was accepted by the Additional Sessions Judge, Multan vide his order dated 18th March 1987. Thereupon Akmal Mir Khan complainant filed petition for cancellation of bail granted to the respondents which was allowed by the learned Single Judge of the Lahore High Court Multan Bench. Hence the present petition for leave to appeal. Learned counsel for the petitioners attempted to argue that Akmal Mir Khan complainant‑respondent did not know the petitioners, could have not even known their names and could not even identify them. Therefore according to the learned counsel the petitioners have been falsely implicated in this case. It was also submitted that two PWs had given affidavits exonerating the petitioners. These arguments were also raised before the learned Single Judge who after considering them rejected the same for the reason that prima facie there would appear to be no reason for Akmal Mir Khan complainant who belonged to a respectable family and was F.A. student to have lodged a false report tarnishing his own character and inviting wrath of two police officers namely the present petitioners and that furthermore there was nothing on the record to show that there had been any previous enmity between the parties. In the light of the aforesaid cogent reasons, in our view, there is no ground for interference in the exercise of the discretion by the learned Single Judge of the Lahore High Court Multan Bench in allowing the petition for cancellation of bail in this case. This petition is therefore dismissed. M.I. /M‑173/S Petition dismissed.