1968 P Cr (PLP)
FAZAL DIN‑‑Petitioner Versus MUHAMMAD LATIF AND ANOTHER‑Respondents
| Citation | 1968 P Cr (PLP) |
| Forum / Court | Supreme Court |
| Bench Members | A. R. Cornelius, C. J. and Muhammad Yaqub Ali, J |
| Parties | FAZAL DIN‑‑Petitioner Versus MUHAMMAD LATIF AND ANOTHER‑Respondents |
| Primary Law | (b) Criminal Procedure Code (V of 1898), (a) Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1968 P Cr (PLP)?
This judgment primarily cites: (b) Criminal Procedure Code (V of 1898), (a) Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1968 P Cr (PLP)?
The case was heard and decided by the Supreme Court bench comprising: A. R. Cornelius, C. J. and Muhammad Yaqub Ali, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1968 P Cr (PLP) (FAZAL DIN‑‑Petitioner Versus MUHAMMAD LATIF AND ANOTHER‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Qamar‑ud‑Din Mian, Advocate Supreme Court instructed by Abdul Karim Sheikh, Attorney for Petitioner.
- Sultan Ahmad Khawaja, Advocate Supreme Court instructed by Masud Akhtar, Attorney for Respondent No. 1.
Headnotes / Summary
Ss 497 & 498 Bail‑High Court's power to grant bail under S. 498‑Subservient and ancillary to S. 497‑Limited to cases of old age, physical infirmity or sex.
S. 498 ‑Bail in non‑bailable offence‑Leave to appeal to Supreme Court granted to consider question whether High Court acted with jurisdiction in releasing accused charged under S. 307, Penal Code, 1860 during pendency of trial‑Issue of non‑bailable warrants against accused ordered‑Constitution of Pakistan (1962), Art. 58(3).
Judgment & Decree
MUHAMMAD YAQUB ALI, J.‑The High Court has, in exercise of powers conferred under section 498, Cr. P. C. granted bail to Muhammad Latif, respondent, charged with the offence of murderous assault on the petitioner. As held in the case of Muhammad Ayub v. Muhammad Yaqub (P L D 1966 S C 1003), the power of the High Court to grant bail under section 498, Cr. P. C., is subservient and ancillary to section 497, Cr. P. C., which limits the power to grant bail in a case punish able with death or transportation to old age, physical infirmity or sex. Prima facie none of these considerations was applicable to the present case. A question, therefore, arises whether the High Court has acted with jurisdiction in releasing the respondent on bail during the pendency of his trial under section 307, P. P. C. Leave to appeal is granted. Non‑bailable warrants for the arrest of Muhammad Latif, respondent No. 1, to issue. Petition accepted.