1987 PLP 2044 (SCMR)
SARFRAZ AHMAD‑‑Petitioner Versus THE STATE‑‑Respondent
| Citation | 1987 PLP 2044 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Shafiur Rahman, Javid Iqbal and Saad Saood Jan, JJ |
| Parties | SARFRAZ AHMAD‑‑Petitioner Versus THE STATE‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑ |
Q1: What are the key laws and sections cited in 1987 PLP 2044 (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 2044 (SCMR)?
The case was heard and decided by the High Court bench comprising: Shafiur Rahman, 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 2044 (SCMR) (SARFRAZ AHMAD‑‑Petitioner Versus THE STATE‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Agha Taj Muhammad, Advocate Supreme Court, instructed by Ch. Masood Akhtar Advocate‑on‑Record for Petitioner.
- Nemo for Respondent.
- Date of hearing: 25th July, 1987.
Headnotes / Summary
(On appeal from the order of the Lahore High Court, Lahore dated 1st June, 1987 in Criminal Miscellaneous No.1534‑B of 1987). ‑‑‑S. 498‑‑Penal Code (XL V of 1860) S.412‑‑Constitution of Pakistan (1973) , Art. 185(3)‑‑Bail, grant of‑‑Discretion of High Court‑‑Petitioner challaned under S.412, P.P.C. was refused bail by High Court‑‑Plea that petitioner had no. knowledge of dacoity, having already been attended to by High Court, not entertained‑‑Case not being a fit case for interference in exercise of discretion of High Court, leave to appeal refused.
Judgment & Decree
JAVID IQBAL, J.‑‑This petition for leave to appeal has been filed by Sarfraz Ahmad petitioner. He had been challaned with two others under section 412 PPC arising out of a main dacoity case registered against additional accused persons at Police Station Mochiwala district Jhang on 29 January, 1987. The brief facts are that a truck was proceeding from Multan to Faisalabad loaded with 185 bags of cotton yarn. The truck was stopped by 7/8 dacoits who kidnapped the driver (Shah Nawaz) and second driver (Mohammad Ismail). However Mohammad Ramzan conductor managed to escape. The truck was taken by the dacoits to Qasur. Thereafter it was found that Shah Nawaz had been murdered whereas Mohammad Ismail had also managed to escape. The stolen property namely bags of cotton yarn were recovered from a number of persons including the present petitioner. It was argued by the learned counsel for the petitioner that he (Sarfraz Ahmad petitioner) had not been implicated in the main dacoity case nor he had any knowledge of the same. The allegation against him was only that stolen property had been recovered from his possession at his instance. This alleged recovery was 50 bags of stolen cotton yarn. The main arguments of the learned counsel was that there was nothing on the record to indicate that the petitioner had any knowledge of the dacoity. This argument has already been attended to by the learned Single Judge of the Lahore High Court Lahore who dismissed the application for bail of the petitioner vide his order dated 1st June 1987. We have heard the learned counsel at some length but in our view it is not a fit case for interference in the exercise of the discretion of the learned Single Judge in refusing bail to the petitioner. In that view of the matter this petition is dismissed. M.I. /S‑68/S Petition dismissed.