2008 PLP 1451 (SCMR)
SHER MUHAMMAD — Petitioner Versus THE STATE — Respondent
| Citation | 2008 PLP 1451 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Nazim Hussain Siddiqui, C.J., Javed Iqbal and Abdul Hameed Dogar, JJ |
| Parties | SHER MUHAMMAD — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2008 PLP 1451 (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 2008 PLP 1451 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Nazim Hussain Siddiqui, C.J., Javed Iqbal and Abdul Hameed Dogar, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 1451 (SCMR) (SHER MUHAMMAD — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Zulfiqar Ahmed Bhutta, Advocate Supreme Court and Ejaz Muhammad Khan, Advocate-on-Record for Petitioner.
- Date of hearing: 26th January, 2004.
- M. Zawar Bhatti, Advocate-on-Record for the State.
Headnotes / Summary
(On appeal against the order, dated 26-6-2003 of the Lahore High Court passed in Crl. Misc. No.2946/B of 2003).
S. 497
Penal Code (XLV of 1860), S.302/34
Constitution of Pakistan (1973), Art.185(3)
Accused and his co-accused, according to prosecution, were responsible for causing the death of the complainant's brother
Accused had allegedly caused fire-arm injury on the left eye of the deceased which was corroborated by the post-mortem report
Prima facie, grounds were available to believe that the accused was guilty of the offence with which he was charged
Bail was refused to accused in circumstances and leave to appeal was declined to him accordingly. M. Zawar Bhatti, Advocate-on-Record for the State.
Judgment & Decree
NAZIM HUSSAIN SIDDIQUI, C.J.
Sher Muhammad, the petitioner herein has impugned order dated 25-6-2003 whereby bail was refused to him in a case registered on 3-12-2002 under section 302/34, P.P.C. at Police Station Atta Shaheed, Tehsil and District Sargodha.
2. According to prosecution, the petitioner and co-accused were responsible for causing death of one Khadim Hussain, who was brother of the complainant. It is alleged that the petitioner had caused fire-arm injury on the left eye of the deceased and corroboration to this assertion was provided by post-mortem report. Prima facie, there are grounds to believe that the petitioner is guilty of the offence he stands charged. No case for bail is made out.
3. In consequence, leave to appeal is refused and the petition is dismissed. N.H.Q./S-12/SC Leave refused.