SCMR 1986

1986 PLP 1862 (SCMR)

GUL SHER and another — Petitioners Versus THE STATE — Respondent

Jurisdiction / Court
High Court
Decided Date
Criminal Petition No. 62-K of 1986, decided on 11th August, 1986.
Honorable Judges
Muhammad Haleem, C. J. S. A. Nusrat and Zaffar Hussain Mirza, JJ
Case Reference Summary (AEO Optimized)
Citation 1986 PLP 1862 (SCMR)
Forum / Court High Court
Bench Members Muhammad Haleem, C. J. S. A. Nusrat and Zaffar Hussain Mirza, JJ
Parties GUL SHER and another — Petitioners Versus THE STATE — Respondent
Primary Law Constitution of Pakistan (1973)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1986 PLP 1862 (SCMR)?

This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 1986 PLP 1862 (SCMR)?

The case was heard and decided by the High Court bench comprising: Muhammad Haleem, C. J. S. A. Nusrat and Zaffar Hussain Mirza, JJ.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 1986 PLP 1862 (SCMR) (GUL SHER and another — Petitioners Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Constitution of Pakistan (1973)

Representation

  • Nooruddin Sarki, Advocate Supreme Court instructed by Rashid Akhter Qureshi, Advocate-on-Record for Petitioners.
  • Date of hearing: 11th August, 1986.
  • Nooruddin Sarki, Advocate Supreme Court instructed by Rashid Akhter Qureshi, Advocate‑on‑Record for Petitioners.
  • A. Sattar Shaikh, Additional Advocate‑General instructed by Abdul Saeed Khan, Advocate‑on‑Record for the State.

Headnotes / Summary

(On appeal from the judgment and order of the High Court of Sind at Karachi, dated 22-6-1986 passed in Criminal Bail Application No. 321/765 of 1986)

Art. 185(3)--Criminal Procedure Code (V of 1898), S. 497--Penal Code (XLV of 1860), S. 302--Bail, grant of--Case of further enquiry- Deceased killed by fire-arms--No specific role assigned to petitioners for having caused any Lathi blow--Blunt weapon injury not contributing towards death--One co-accused not applying for bail and other absconding--Petitioners' case being of further enquiry, petition converted into appeal and allowed. A. Sattar Shaikh, Additional Advocate-General instructed by Abdul Saeed Khan, Advocate-on-Record for the State.

Judgment & Decree

MUHAMMAD HALEEM, C.J.‑‑The case appears to us to be one of further inquiry as the incident took place at the bus stand and no specific role has been assigned to either of the two petitioners for having caused any Lathi blow to deceased Mitho, one of the two deceased who were killed by fire‑arms by Ali Hassan and Isso. The former has not applied for bail and the latter has absconded. The medical evidence shows that this blunt weapon injury has not contributed in any manner towards his death. Accordingly we would convert this petition into appeal and allow it as we consider it a fit case for the grant of bail to the petitioners. Each one of them shall furnish a bail bond in the sum of Rs.20,000 with one surety in the like amount to the satisfaction of the Sessions Judge, Hyderabad. M. I. Appeal allowed.