1986 PLP 2002 (SCMR)
KAMEEN WAZIR — Petitioner Versus THE STATE — Respondent
| Citation | 1986 PLP 2002 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Abdul Qadir Shaikh, Ali Hussain Qazilbash and Mian Burhanuddin Khan, JJ |
| Parties | KAMEEN WAZIR — Petitioner Versus THE STATE — Respondent |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1986 PLP 2002 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1986 PLP 2002 (SCMR)?
The case was heard and decided by the High Court bench comprising: Abdul Qadir Shaikh, Ali Hussain Qazilbash and Mian Burhanuddin Khan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1986 PLP 2002 (SCMR) (KAMEEN WAZIR — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M. Munir Khan, Advocate Supreme Court for Petitioner.
- Date of hearing: 27th October, 1986.
Headnotes / Summary
Art. 185(3)--Criminal Procedure Code (V of 1898), S.497--Penal Code (XLV of 1860), S. 307/148/149--Bail, grant of--Co-accused allowed bail- Case of accused not distinguishable from that of co-accused--Leave to appeal granted to consider plea that petitioner's case was not distinguishable from that of co-accused to whom bail was allowed. Nemo for the State.
Judgment & Decree
Date of hearing: 27th October, 1986. ABDUL KADIR SHAIKH, J.‑‑This is a petition for grant of leave to appeal from the order of a learned Judge of Peshawar High Court, dated 2‑4‑1986, refusing to grant petitioner's request for release on bail pending his trial along with co‑accused Zamir Gul and Khiyal Wazir under section 307/148/149, P.P.C. Learned Judge however, by the same order granted bail to the aforesaid two co accused. According to the version of the complainant Hakim Khan, petitioner had allegedly fired a pistol at him but the bullet had misfired and he luckily escaped. The two co‑accused were alleged to have caused injuries to his mother Mst. Zerkheme. Mr. Munir Khan learned counsel appearing in support of the petition submits that case of the petitioner cannot be distinguished from the one of the co‑accused to whom bail has been granted. The above plea amongst others deserves consideration, we, therefore, grant leave and allow the petition. Learned counsel for the petitioner prays that since this case pertains to Peshawar, the appeal may be heard there during the next session of this Court which is to commence from 16th November, 1986. Since only short points are involved for the decision of the appeal and the case pertains to Peshawar region, the request for transfer is legitimate and is granted. The file of the case shall be transferred to Peshawar Registry for hearing there during the next session of this Court. Appeal will be heard on the present record but it will be open to the parties to file additional documents, if any. M. I. Order Accordingly.