1990 PLP 611 (SCMR)
OMER HAYAT‑‑Petitioner Versus SHAHADAT KHAN and others‑‑Respondents
| Citation | 1990 PLP 611 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Haleem, CJ., Shafiur Rahman, Saad Saood Jan, Ali Hussain Qazilbash and Naimuddin, JJ |
| Parties | OMER HAYAT‑‑Petitioner Versus SHAHADAT KHAN and others‑‑Respondents |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑‑ |
Q1: What are the key laws and sections cited in 1990 PLP 611 (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 1990 PLP 611 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Haleem, CJ., Shafiur Rahman, Saad Saood Jan, Ali Hussain Qazilbash and Naimuddin, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1990 PLP 611 (SCMR) (OMER HAYAT‑‑Petitioner Versus SHAHADAT KHAN and others‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Yusuf Ali Khan, Advocate Supreme Court and lnayat Hussain, Advocate‑on‑Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 1st November, 1989.
Headnotes / Summary
(From the judgment dated 1‑7‑1989 of the Lahore High Court in Criminal Miscellaneous No.913/B of 1989). ‑‑‑S.497(5)‑‑‑Penal Code (XLV of 1860), S.302/307/148/149‑‑‑Constitution of Pakistan (1973), Art.185(3)‑‑‑Leave to appeal‑‑‑Material upon which bail granted to accused was sought to be cancelled was not before High Court at the time of making the impugned order‑‑‑Interference with impugned order was thus not considered proper‑‑‑Petitioner was, however, directed to apply to High Court for cancellation of bail, if so advised, on basis of new material‑‑‑Petition for leave to appeal was dismissed in circumstances.
Judgment & Decree
Yusuf Ali Khan, Advocate Supreme Court and lnayat Hussain, Advocate‑on‑Record for Petitioner. Nemo for Respondents. Date of hearing: 1st November, 1989. SAAD SAOOD JAN, J.‑‑‑Shaukat Khan and Muhammad Khan, respondents, were arrested in a case registered at Police Station Khanqah Dogaran under sections 302 and 307, read with section 149, and section 148 of the Pakistan Penal Code. The allegations against them were that on 24‑6‑1988, at 4‑30 p.m., they together with 7 other persons formed an unlawful assembly and m prosecution of the common object of the said assembly they armed themselves with shot guns and caused the death of one Khizar Hayat. They applied for bail before the High Court. A learned Single Judge found that during the course of investigation they had been found innocent by an officer of the rank of Deputy Superintendent of Police and in the challan submitted to The Court they had been placed in column No.2. The learned Judge thought that though the opinion of the police was not binding on the Court yet it was a relevant consideration in the matter of bail. Accordingly, he released them on bail. The petitioner, who had lodged the‑first information report, seeks leave to appeal from the order of the High Court.
2. In support of this petition it is stated that since the High Court enlarged the respondents on bail the matter has been re-investigated by an officer deputed by the Inspector‑General of Police and as a result of the re‑investigation the respondents have been found to have taken part in the occurrence; accordingly a supplementary challan has been submitted in the Court wherein both the respondents have been shown as accused persons.
3. It will be noticed that the material upon which the petitioner seeks the cancellation of the bail granted to the respondents was not before the High Court when it made the impugned order. It is, therefore, not right for this Court to interfere with the said order. The petitioner may, if so advised, apply to the High Court for the cancellation of the bail earlier granted to the respondents on the basis of the new material. With these observations, the petition is dismissed. N.H.Q./O‑3/S Leave refused.