1968 SCMR 30 (PLP)
FAZAL DIN-Petitioner Versus MUHAMMAD LAM AND ANOTHER-RESPONDENT
| Citation | 1968 SCMR 30 (PLP) |
| Forum / Court | High Court |
| Bench Members | A. R. Cornelius, C. J. and Muhammad Yaqub Ali, J |
| Parties | FAZAL DIN-Petitioner Versus MUHAMMAD LAM AND ANOTHER-RESPONDENT |
Q1: What are the key laws and sections cited in 1968 SCMR 30 (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1968 SCMR 30 (PLP)?
The case was heard and decided by the High Court bench comprising: A. R. Cornelius, C. J. and Muhammad Yaqub Ali, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1968 SCMR 30 (PLP) (FAZAL DIN-Petitioner Versus MUHAMMAD LAM AND ANOTHER-RESPONDENT). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Qamar-ud-Din Mian, Advocate, Supreme Court instructed by Abdul Karim Sheikh, Attorney for Petitioner.
- Sultan Ahmad Khawaja, Advocate, Supreme Court instructed by Masud Akhtar, Attorney for Respondent No. 1.
Headnotes / Summary
(On appeal from the order of the High Court of West Pakistan, Lahore, dated the 23rd October 1967 in Criminal Miscellaneous No. 4300 of 1967). Criminal Procedure Code (V of 1898),
Ss. 497 & 498- Bail-High Court's power to grant bail under S. 498-Subservient and ancillary to S. 497-Limited to cases of old age, physical infirmity or sex. Muhammad Ayub v, Muhammad Yaqub P L D 1966 S C 1003 ref. Criminal Procedure Code (V of 1898),
S. 498-Bail in non-bailable offence-Leave to appeal to Supreme Court granted to consider question whether High Court acted with jurisdiction in releasing accused charged under S. 307, Penal Code, 1860 during pendency of trial-Issue of non-bailable warrants against accused ordered-Constitution of Pakistan (1962), Art,. 58(3). PLD 1966 SC 1003
Judgment & Decree
S. 498-Bail in non-bailable offence-Leave to appeal to Supreme Court granted to consider question whether High Court acted with jurisdiction in releasing accused charged under S. 307, Penal Code, 1860 during pendency of trial-Issue of non-bailable warrants against accused ordered-Constitution of Pakistan (1962), Art,. 58(3). PLD 1966 SC 1003 Qamar-ud-Din Mian, Advocate, Supreme Court instructed by Abdul Karim Sheikh, Attorney for Petitioner. Sultan Ahmad Khawaja, Advocate, Supreme Court instructed by Masud Akhtar, Attorney for Respondent No. 1. Date of hearing: 4th December 1967. ORDER, MUHAMMAD YAQUB ALI, J.-The High Court has, in exercise of powers conferred under section 498, Cr. P. C. granted bail to Muhammad Latif, respondent, charged with the offence of murderous assault on the petitioner. As held in the case of Muhammad Ayub v. Muhammad Yaqub (PLD 1966 SC 1003), the, power of the High Court to grant bail under section 498, Cr. P. C., is subservient and ancillary to section 497, Cr. P. C., which limits the power to grant bail in a case punishable with death or transportation to old age, physical infirmity or sex. Prima facie none of these considerations was applicable to the present case. A question, therefore, arises whether the High Court has acted with jurisdiction in releasing the respondent on bail during the pendency of his trial under section 307, P. P. C. Leave to appeal is granted. Non-bailable warrants for the arrest of Muhammad Latif, respondent No. 1, to issue. Petition accepted.