1988 PLP 1848 (SCMR)
FAZAL ELAHI — Petitioner Versus TAJ MUHAMMAD and others — Respondents
| Citation | 1988 PLP 1848 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah and Abdul Kadir Shaikh, JJ |
| Parties | FAZAL ELAHI — Petitioner Versus TAJ MUHAMMAD and others — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1988 PLP 1848 (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 1988 PLP 1848 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah and Abdul Kadir Shaikh, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1988 PLP 1848 (SCMR) (FAZAL ELAHI — Petitioner Versus TAJ MUHAMMAD and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mian Shakirullah Jan, Advocate-on-Record for Petitioner. Saeed Beg, Advocate Supreme Court and Jan Muhammad Khan, Advocate-on-Record (absent) for Respondents Nos.l and 2.
- Date of hearing: 19th June, 1988.
- Mian Shakirullah Jan, Advocate‑on‑Record for Petitioner. Saeed Beg, Advocate Supreme Court and Jan Muhammad Khan, Advocate‑on‑Record (absent) for Respondents Nos.l and 2.
Headnotes / Summary
(On appeal from the judgment and order of the Peshawar High Court, Peshawar dated 4-6-1988 in Criminal Miscellaneous No.261 of 1988).
Ss.497 & 498--Constitution of Pakistan (1973), Arts.185(3) & 189- Bail--Need for further enquiry--Conditions for grant of bail to absconder--Leave to appeal granted inter alia to consider contention that no attention was paid by High Court to judgments of Supreme Court laying down the conditions regarding grant of bail to an absconder and requirements of S.497(2), Cr.P.C. vis-a-vis need for further enquiry.
Judgment & Decree
MUHAMMAD AFZAL ZULLAH, J.‑‑The complainant side in a murder case has sought leave to appeal against the grant of bail to respondents 1 and 2 u/s1498 read with 497, Cr.P.C. Learned counsel for the petitioner has inter alia contended that no attention has been paid by the High Court to the judgment of this Court laying down the conditions regarding grant of bail to an absconder and requirements of subsection (2) of section 497, Cr.P.C. vis‑a‑vis need for further enquiry'. The argument has prima facie force. Leave is granted on these points and others raised in this petition. Appeal to be prepared on the present record with direction to file all necessary documents. M.I./F‑66. /S Leave granted.