1989 PLP 992(1) (SCMR)
MUSHTAQ AHMAD and another — Petitioners Versus THE STATE — Respondent
| Citation | 1989 PLP 992(1) (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah, Javid Iqbal and Usman Ali Shah, JJ |
| Parties | MUSHTAQ AHMAD and another — Petitioners Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1989 PLP 992(1) (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 1989 PLP 992(1) (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah, Javid Iqbal and Usman Ali Shah, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 992(1) (SCMR) (MUSHTAQ AHMAD and another — Petitioners Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sh. Ijaz Ali, Advocate-on-Record for Petitioners.
- M. Aslam Uns, Advocate for Respondent.
- Date of hearing: 23rd January, 1989.
- Sh. Ijaz Ali, Advocate‑on‑Record for Petitioners.
Headnotes / Summary
(On appeal from the Order of Lahore High Court, dated 6th December 1988 in Criminal Miscellaneous No.3792-R of 1988).
S.497(1)--Constitution of Pakistan (1973), Art.185(3)--Penal Code (XLV of 1860), S.302--Bail--Double murder case--Statutory ground of delay--Bail was refused to accused for the reason that his case fell under the Exception which disentitled a person to such bail, because of his being a hardened, desperate and dangerous criminal--Leave to appeal was granted, as prima facie, Supreme Court judgment in Mounder and others v. The State 1988 SCMR 1113 supported accused's case. Moundr and others v. The State 1988 S C M R 1113 ref.
Judgment & Decree
MUHAMMAD AFZAL ZULLAH, J.‑‑Leave to appeal has been sought from the order, dated 6th December, 1988, of the Lahore High Court, whereby bail in a double murder case, on the statutory ground of delay, was refused for the reason, that the petitioners' case,fell under the exception which disentitled a person to such bail; because of their being hardened, desperate and dangerous A criminals. Learned counsel has, in support of this petition, relied on the leave grant order in Mounder and others v. The State 1988 SCMR 1113. Prima facie, it supports the petitioners' case for leave. The same accordingly is granted. To be heard with or after the decision of the appeal in the said case.