1985 PLP 132 (SCMR)
JALALUDDIN and 3 others — Petitioners Versus THE STATE — Respondent
| Citation | 1985 PLP 132 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah, Shafiur Rehman and Mian Burhanuddin Khan, JJ |
| Parties | JALALUDDIN and 3 others — Petitioners Versus THE STATE — Respondent |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1985 PLP 132 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1985 PLP 132 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah, Shafiur Rehman and Mian Burhanuddin Khan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1985 PLP 132 (SCMR) (JALALUDDIN and 3 others — Petitioners Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M. Hayat Junejo, Senior Advocate Supreme Court and Muzaffar Hassan, Advocate-on-Record for Petitioners.
- Nemo for Respondent.
- Date of hearing: 26th August, 1984.
Headnotes / Summary
(On appeal from the judgment and order of the Sind High Court, dated 28th June, 1984 in Criminal Bail Application 394/84).
Art.185(3)--Criminal Procedure Code (V of 1898), Ss.497 & 498- Bail--Bail sought on grounds (i) that according to F.I.R. scene of crime was Otaq of one person while according to Mashirnama of Wardat incident took place on some uncultivated land and Courts below had completely failed to notice shift of venue of crime later on to Otaq of another person and (ii) that medical evidence was inconsistent with prosecution case regarding number of injuries--Supreme Court on examination of contention found no reason to interfere with order of Courts refusing bail to accused--Petition dismissed.
Judgment & Decree
M. Hayat Junejo, Senior Advocate Supreme Court and Muzaffar Hassan, Advocate-on-Record for Petitioners. Nemo for Respondent. Date of hearing: 26th August, 1984. MIAN BURHANUDDIN KHAN, J.-- Leave is sought to appeal against the judgment and order of the Sind High Court dated 28-6-1984 whereby bail application of the petitioners was dismissed.
2. The accused/ petitioners were charged under section 302, P.P.C. for committing the murder of Dhalo on the 14th December, 1983 at 8.30 p.m. in the Otaq of Nabi Bux Rajor. A report was lodged in the police station by the complainant Yusuf on the following day i.e on 15-12-1983 at 7.45 a.m. wherein all the accused/ petitioners were charged for the offence. Bail application was filed in the Sessions Court on behalf of the accused /petitioners but the same was rejected per order dated 10-4-1984 of the learned Sessions Judge, Sanghar. Thereafter the accused/ petitioners applied for bail in the Sind High Court but their application was dismissed vide the impugned judgment and order of the learned High Court.
3. The learned counsel contended that according to the F.I.R. the scene of crime was the Otaq of Nabi Bux Rajor while according to the Mashirnama of Wardat the incident took-place on some uncultivated land and the Courts below have completely failed to notice the shift of the venue of the crime to the Otaq of Muhammad Tahir later on. The learned counsel also contended that the medical evidence is inconsistent with the prosecution case regarding the number of injuries. We have examined the contentions raised by the learned counsel and find that there is no reason to interfere with the orders of the Courts below The petition is, consequently, dismissed. M . Z . M . Petition dismissed