2004 PLP 709 (SCMR)
SHAMRAIZ — Petitioner Versus THE STATE and another — Respondents
| Citation | 2004 PLP 709 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Sh. Riaz Ahmad, C.J. and Karamat Nazir Bhandari, J |
| Parties | SHAMRAIZ — Petitioner Versus THE STATE and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2004 PLP 709 (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 2004 PLP 709 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Sh. Riaz Ahmad, C.J. and Karamat Nazir Bhandari, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2004 PLP 709 (SCMR) (SHAMRAIZ — Petitioner Versus THE STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Aftab Iqbal Chaudhree, Advocate Supreme Court with Muhammad Aslam, Advocate-on-Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 4th December, 2002.
Headnotes / Summary
(On appeal from the judgment dated 12-2-2002 of the Lahore High Court, Lahore passed in Criminal Miscellaneous No.6790/C/B of 2001).
S.497(5)
Penal Code (XLV of 1860), Ss.302, 109, 148 & 149-- Constitution of Pakistan (1973), Art. l85(3)
Cancellation of bail-- Accused, apart from having been charged under Ss.302/109, 148 & 149, P.P.C., was involved in. a number of cases including a case under S.13/20/65 of the West Pakistan Arms Ordinance, 1965
Accused was specifically attributed the firing of shots with Kalashnikov on the vital parts of both the deceased
Discretion exercised by the High Court in cancelling the bail of the accused was in consonance with law and principles governing the matter
Petition for leave to appeal was dismissed.
Judgment & Decree
SH. RIAZ AHMAD, C.J.
Leave to appeal is sought against the judgment and order dated 12-2-2002 whereby learned Single Judge of the Lahore High Court cancelled the bail of the petitioner arising from a criminal case vide F.I.R. No.360 of 1999 registered on 21-10-1999 under sections 302, 109, 148, 149, P.P.C. at Police Station Danga Tehsil Kharian District Gujrat. In this occurrence two persons were murdered. The petitioner has been named in the F.I.R. Learned counsel appearing in support of this petition argued that the High Court without going through the record has wrongly cancelled the bail granted to the petitioner by the trial Court. The High Court while cancelling the bail took view that apart from the present case, the petitioner was involved in a number of cases including a case under section 13/20/65 of Arms Ordinance registered at Police Station Saddar Lalamusa. The firing of shots with Kalashnikov on the vital parts of both the deceased is specifically attributed to petitioner, therefore, discretion exercised by the High Court in consonance with law and the principle laid down by this Court governing the same. We do not find any merit in this petition which is hereby dismissed and leave to appeal refused. M.B.A./S-273/S Petition dismissed.