1999SCMR2282 (PLP)
MUHAMMAD AKRAM — Petitioner Versus SIKANDAR HAYAT and others — Respondents
| Citation | 1999SCMR2282 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Sh. Riaz Ahmed and Munir A. Sheikh, JJ |
| Parties | MUHAMMAD AKRAM — Petitioner Versus SIKANDAR HAYAT and others — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1999SCMR2282 (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999SCMR2282 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Sh. Riaz Ahmed and Munir A. Sheikh, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1999SCMR2282 (PLP) (MUHAMMAD AKRAM — Petitioner Versus SIKANDAR HAYAT and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Iqbal Vehniwal , Advocate Supreme Court for Petitioner.
- Nemo for Respondents.
- Date of hearing: 29th December, 1998.
Headnotes / Summary
(On appeal from the order, dated 21-10-1998 of the Lahore High Court passed in Criminal Miscellaneous No.5340-CB of 1998).
S. 497 (5)
Penal Code (XLV of 1860), S. 302/34/109
Constitution of Pakistan (1973), Art, 185 (3)
Complainant had not got the F.I.R. registered on the basis of his own knowledge and therein he had not claimed to have identified the accused himself
Accused had been found innocent in investigation by two S.H.Os. of the local Police and a D.S.P., Range Crime
Case against accused, thus, called for further inquiry and was not fit for cancellation of bail granted to them by Special Court
Well-reasoned discretionary impugned order of High Court declining cancellation of bail of accused did not warrant any interference
Leave to appeal was consequently refused to complainant by Supreme Court.
Judgment & Decree
MUNIR A. SHEIKH, J.
This petition for leave to appeal is directed against the order dated 21-10-1998 of the Lahore High Court whereby the application moved by the petitioner for cancellation of bail granted to the respondents by the learned Judge, Special Court, Anti-Terrorism, Gujranwala Division through order dated 23-9-1998 in case F.I.R. No. 47 of 1998 dated 14-5-1998 under section 302/34/109, P.P.C. registered at Police Station, Gojra, District Mandi Baha-ud-Din, has been dismissed.
2. Learned counsel for the petitioner submitted that it was a case of brutal double murder, therefore, the learned Special Judge granted bail to the respondents accused persons in disregard of the principles laid down by the Superior Courts, therefore, the same should have been cancelled by the High Court.
3. The High Court after perusing the police record came to the conclusion that even the information given by the petitioner at the time of registration of F. I. R. was not based on his own knowledge and it was not stated in the same that he had identified the accused persons himself, therefore, the case called for further inquiry. It has also been observed that the respondents were found innocent by two S.H.Os., of the local police. The investigation was also conducted by Muhammad Shaukat Hayat, D.S.P., Range Crime, Gujranwala who also found the respondents innocent. Considering the facts as obtained in the record so far, it was found not a fit case for cancellation of bail already granted to the respondents by the learned Special Judge which was found to have been validly granted according to well-established principles of law laid down for grant of bail.
4. We are not inclined to interfere in the well-reasoned discretionary impugned order of the High Court, therefore, this petition is dismissed and leave to appeal refused. N.H.Q./M-319/S Petition dismissed.