1997 PLP 2944 (MLD)
MUHAMMAD AKRAM‑‑‑Petitioner Versus PERVAIZ IQBAL and another‑‑‑Respondents
| Citation | 1997 PLP 2944 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Sheikh Riaz Ahmed and Muhammad Asif Jan, JJ |
| Parties | MUHAMMAD AKRAM‑‑‑Petitioner Versus PERVAIZ IQBAL and another‑‑‑Respondents |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑‑ |
Q1: What are the key laws and sections cited in 1997 PLP 2944 (MLD)?
This judgment primarily cites: Criminal Procedure Code (V of 1898)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1997 PLP 2944 (MLD)?
The case was heard and decided by the Lahore bench comprising: Sheikh Riaz Ahmed and Muhammad Asif Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1997 PLP 2944 (MLD) (MUHAMMAD AKRAM‑‑‑Petitioner Versus PERVAIZ IQBAL and another‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mian Abdul Khaliq for Petitioner.
- Saif Ullah Buttar for Respondents.
- Date of hearing: 27th January, 1997.
Headnotes / Summary
‑‑‑‑S. 497(5)‑‑‑Penal Code (XLV of 1860), S.302/324/34‑‑‑Bail, cancellation of‑‑‑Court granting bail had observed that parties were locked in blood fued and according to tentative assessment of evidence, there was conflict between medical evidence and ocular account‑‑‑During investigation conducted by Local Police verified by Deputy Superintendent Police, accused was declared to be innocent and his name was placed in Column 2 of the challan‑‑‑At one stage challan was submitted in Court, but subsequent thereto, third investigation was also conducted according to which accused was not seen at the time of occurrence‑‑‑Discretion in granting bail to accused, thus, was rightly exercised by Court‑‑‑Application for cancellation of bail was dismissed, in circumstances.
Judgment & Decree
Criminal Miscellaneous No.3934‑BC of 1996, decided on 27th January, 1997. ‑‑‑‑S. 497(5)‑‑‑Penal Code (XLV of 1860), S.302/324/34‑‑‑Bail, cancellation of‑‑‑Court granting bail had observed that parties were locked in blood fued and according to tentative assessment of evidence, there was conflict between medical evidence and ocular account‑‑‑During investigation conducted by Local Police verified by Deputy Superintendent Police, accused was declared to be innocent and his name was placed in Column 2 of the challan‑‑‑At one stage challan was submitted in Court, but subsequent thereto, third investigation was also conducted according to which accused was not seen at the time of occurrence‑‑‑Discretion in granting bail to accused, thus, was rightly exercised by Court‑‑‑Application for cancellation of bail was dismissed, in circumstances. Mian Abdul Khaliq for Petitioner. Saif Ullah Buttar for Respondents. Date of hearing: 27th January, 1997. This is an application seeking cancellation of bail allowed to the respondent Pervaiz Iqbal by the learned Special Court constituted under the Suppression of Terrorist Activities Act 1975, vide order, dated the 24th of April 1996. Respondent was accused of offence under section 302/324/34, P.P.C. for having committed the murder of Qutab Ali. The learned trial Judge observed that the parties were locked in blood‑feed, and according to the tentative assessment of the evidence, there was conflict between the medical evidence and ocular account. Furthermore, during the investigation conducted by the local police and verified by the D.S.P., the respondent was declared to be innocent, and thus, his name was placed in Column No.2 of the challan. At one stage the challan was submitted in Court but subsequent thereto, third investigation was also conducted by A.S.P. according to which, respondent was not seen at the time of occurrence. In this view of the matter, we are of the view that the discretion was rightly exercised by the learned Special Judge, and no exception can be takers thereto. Hence this petition is hereby dismissed. H.B.T./M‑390/L. Petition dismissed.