2007 PLP 1412 (SCMR)
MUHAMMAD ASLAM and another — Petitioners Versus THE STATE — Respondent
| Citation | 2007 PLP 1412 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Rana Bhagwandas and Abdul Hameed Dogar, JJ |
| Parties | MUHAMMAD ASLAM and another — Petitioners Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2007 PLP 1412 (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 2007 PLP 1412 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Rana Bhagwandas and Abdul Hameed Dogar, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 1412 (SCMR) (MUHAMMAD ASLAM and another — Petitioners Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Akhlaq Ahmed Siddiqui, Advocate-on-Record for Petitioners.
Headnotes / Summary
(On appeal from order of Sindh High Court, Sukkur Bench, Sukkur dated 12-1-2007 passed in Criminal Bail Application No.557 of 2006).
S. 498
Constitution of Pakistan (1973), Art.185(3)
Accused were directly nominated in the F.I.R. with active roles of causing Sota blows as well as injuries by backside of hatchet to two ladies
Accused had been challaned in the case and as per observation of High Court despite delay in lodging the F.I.R., no element of mala fide appeared to exist on the face of the record
Discretion exercised by High Court in the matter of pre-arrest bail did not suffer from any illegality or arbitrariness
No good ground for interference with the exercise of discretion by High Court was available
Petition was dismissed accordingly and leave to appeal refused. Nemo for the State.
Judgment & Decree
RANA BHAGWANDAS, J.
Petitioners seek leave to appeal against Sindh High Court, Sukkur Bench order, dated 12-1-2007 recalling interim pre-arrest bail order dated 3-10-2006 and declining to confirm the same.
2. Both the petitioners are directly nominated in the F.I.R. and active roles of causing Sota blows as well as injuries by means of backside of hatchet on the person of Mst. Waziran and Mst. Zubaida are attributed to them. The case has been challaned against them and, as per observation of the High Court, despite delay in lodging the F.I.R. no element of mala fide appears to exist on the fact of the record. The discretion exercised by the High Court in the matter of pre-arrest bail does not suffer from any illegality or arbitrariness, therefore, without commenting on the merits of the case in depth, we do not find any good ground for the grant of leave or to interfere with the exercise of discretion. Petition is, therefore, dismissed. Both the petitioners are taken into custody with the direction to produce them before the trial Court. N. H.Q. /M-32/SC Pre-arrest bail refused.