2015 PLP 907 (SCMR)
Mst. FATEH BIBI — Petitioner Versus KHIZAR HAYAT and others — Respondents
| Citation | 2015 PLP 907 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Asif Saeed Khan Khosa and Iqbal Hameedur Rahman, JJ |
| Parties | Mst. FATEH BIBI — Petitioner Versus KHIZAR HAYAT and others — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2015 PLP 907 (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 2015 PLP 907 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Asif Saeed Khan Khosa and Iqbal Hameedur Rahman, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2015 PLP 907 (SCMR) (Mst. FATEH BIBI — Petitioner Versus KHIZAR HAYAT and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Malik Rab Nawaz, Advocate Supreme Court and Ch. M. Anwar Khan, Advocate-on-Record for Petitioner.
- Date of hearing: 13th February, 2015.
Headnotes / Summary
(Against the order dated 12-9-2014 passed by the Lahore High Court, Lahore in Criminal Miscellaneous No.8903-B of 2014)
S. 497(5)
Penal Code (XLV of 1860), S. 302
Constitution of Pakistan, Art. 185(3)
Qatl-i-amd
Cancellation of bail, petition for
Incorrect observation recorded by Judge-in-Chamber of High Court
Complainant-petitioner had filed a petition before the High Court seeking cancellation of bail granted to accused
Judge-in-Chamber while disposing of the said petition observed that the offence with which accused had been charged, i.e. an offence under S. 302, P.P.C., carried a maximum sentence of imprisonment for life
Said observation made by the Judge-in-Chamber was clearly against the law but at the same time it must have been made inadvertently
Supreme Court advised the complainant to approach the High Court seeking cancellation of bail on the stated ground of misuse and abuse of the concession of bail by the accused
Petition for leave to appeal was withdrawn accordingly. Rana Abdul Majeed, Additional Prosecutor-General, Punjab and Yaqoob, I.O. for the State.
Judgment & Decree
ASIF SAEED KHAN KHOSA, J.
At the outset it has been pointed out by the learned counsel for the petitioner that in the impugned order dated 12-9-2014 the learned Judge-in-Chamber of the Lahore High Court, Lahore had observed that respondent No. 1 had been charged with an offence under section 302, P.P.C. which carries a maximum sentence of imprisonment for life which observation, according to the learned counsel for the petitioner, is against the law. The relevant portion of the impugned order pointed out by the learned counsel for the petitioner indeed mentions that the offence with which respondent No. 1 has been charged, i.e. an offence under section 302, P.P.C., carries a maximum sentence of imprisonment for life. We find that the said observation made by the learned Judge-in-Chamber is clearly against the law but at the same time we feel that the said observation must have been made by the learned Judge-in- Chamber inadvertently.
2. Upon reconsideration the learned counsel for the petitioner wishes to withdraw this petition so as to advise the petitioner to approach the Lahore High Court, Lahore seeking cancellation of respondent No.1's bail on the stated ground of misuse and abuse of the concession of bail by him. This petition is, therefore, disposed of as having been withdrawn. MWA/F-4/SC Petition withdrawn.