1994 PLP 700 (SCMR)
MUHAMMAD YOUNUS and another‑‑‑Petitioners Versus THE STATE‑‑‑Respondent
| Citation | 1994 PLP 700 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Shafiur Rahman and Saleem Akhtar, JJ |
| Parties | MUHAMMAD YOUNUS 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 1994 PLP 700 (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 1994 PLP 700 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Shafiur Rahman and Saleem Akhtar, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1994 PLP 700 (SCMR) (MUHAMMAD YOUNUS and another‑‑‑Petitioners Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Khalilur Rehman, Senior Advocate Supreme Court and Sh Salahuddin, Advocate‑ on‑Record for Petitioners.
- Date of hearing: 24th November, 1993
Headnotes / Summary
(On appeal from the order of the Lahore High Court dated 3‑7‑1993 passed in Cr. M. No. 1867‑B/1993). ‑‑‑‑S.497‑‑‑Penal Code (XLV of 1860), S.302/452/148/149/109‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Bail‑‑‑Specific role of having killed both the deceased by firing after chasing them and entering into the house had been assigned to the accused in the F.i.R: ‑‑Eye‑witness evidence and evidence of motive against the accused were available‑‑‑High Court in refusing bail to accused has property and legally exercised its discretion‑‑‑Supreme Court declined interference. Nemo for the State.
Judgment & Decree
SALEEM AKHTAR, J.‑‑‑The petitioners seek leave to appeal against the order of the learned Judge in Chambers of the High Court whereby bail application filed on their behalf has been dismissed.
2. The petitioners have been accused of offences under sections 302, 452, 148,149 and 109, P.P.C, They are alleged to have formed an unlawful assembly and participated in the occurrence resulting in the death of Muhammad Arshad and Riasat. On the day of incident Muhammad Anwar, Muhammad Younus, Haji Muhammad, Mehdi, Fazal Hussain and Riaz armed with 12 bore guns came towards the fields of deceased Riasat and Muhammad Arshad. Both of them alongwith Muhammad Shabbu and Rehmat ran away and entered into the house of Riasat. The accused chased them and entered into the house and fired. In the FIR spec role has been assigned to both the petitioners. Mst. Zainab Bibi is an eye‑witness as she was present in the house at the time of commission of offence. One of the accused, namely, Mehdi is the brother of Muhammad Arshad and Riasat and had disputes about the land. The motive alleged is that he wanted to do away with the deceased in order to get the entire land of his father. While rejecting the bail application the learned, Judge observed as follows:‑
"The Court has given its anxious considerations to the contentions raised by the learned counsel for the parties. The present petitioners are specifically accused of having caused firearm injuries to the two deceased, as stated above, after having chased them into the house where they were killed and there is an eye‑witness of the occurrence in question through the testimony of Mst. Zainab Bibi. Therefore, it cannot be said that there are no reasonable grounds for believing that the petitioners have not committed the offences alleged."
3. The discretion has properly and legally been exercised by the learned Judge and we find no ground for interference. The petition is dismissed. N.H.Q./M‑1905/S Leave refused.