1989 PLP 997 (SCMR)
MUHAMMAD ISMAIL — Petitioner Versus MUHAMMAD RAFIQ and another — Respondents
| Citation | 1989 PLP 997 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad afzal Zullah and Saad Saood Jan, JJ |
| Parties | MUHAMMAD ISMAIL — Petitioner Versus MUHAMMAD RAFIQ and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1989 PLP 997 (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 1989 PLP 997 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad afzal Zullah and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 997 (SCMR) (MUHAMMAD ISMAIL — Petitioner Versus MUHAMMAD RAFIQ and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Malik A.R. Arshud, Advocate Supreme Court instructed by S. Abul Asim Jaffery, Advocate-on-Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 27th March, 1989.
- Malik A.R. Arshud, Advocate Supreme Court instructed by S. Abul Asim Jaffery, Advocate‑on‑Record for Petitioner.
Headnotes / Summary
(On appeal from the Order, dated 28th February, 1989 of the Lahore High Court in Miscellaneous No.451/B of 1989).
S.497(2)/498--Penal Code (XLV of 1860), 5.302--Constitution of Pakistan (1973), Art.185(3)--Leave to appeal was granted to examine whether it was an established practice of superior Courts not to grant or cancel bail in a murder case, when its trial was to commence within a short time and the date had been fixed; whether the dismissal of the earlier bail application of accused on merits by the same Judge of High Court, would not be a bar to the grant of bail on a subsequent application, mainly, on the ground that another Investigating Officer found the accused innocent and whether for purposes of S.497(2), Cr.P.C. and for other similar considerations, the view of the subsequent Police Investigator or the earlier opinion expressed by a Judge of High Court on merits, would prevail.
Judgment & Decree
MUHAMMAD AFZAL ZULLAH, J.‑‑After hearing the learned counsel in'support of this petition for leave to appeal seeking cancellation of bail granted to respondent No.1 in a case under section 302, P.P.C., we consider it proper to grant the same so as to examine: (a) Whether it is an established practice of the superior Courts not to grant or cancel bail in a murder case, when its trial is to commence within a short time and the date has been fixed; and (b) Whether the dismissal of the earlier bail application of respondent No.l on merits by the same learned Judge, would not be a bar to the grant of A bail on a subsequent application; mainly, on the ground that another investigating officer found the accused innocent in other words whether for purposes of subsection (2) of section 497, Cr.P.C. and for other similar considerations, the view of the subsequent police; investigator or the earlier opinion expressed by a Judge of the High Court on merits, would prevail. Leave to appeal accordingly is granted. The appeal shall be fixed for hearing before May, 1989. M.B.A./M‑775/S Leave granted.