1982 PLP 434 (SCMR)
IBRAHIM AND ANOTHER-Petitioners Versus THE STATE-Respondent
| Citation | 1982 PLP 434 (SCMR) |
| Forum / Court | High Court |
| Bench Members | N/A |
| Parties | IBRAHIM 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 1982 PLP 434 (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 1982 PLP 434 (SCMR)?
The case was heard and decided by the High Court bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1982 PLP 434 (SCMR) (IBRAHIM AND ANOTHER-Petitioners Versus THE STATE-Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sardar Muhammad Ishaque Khan, Advocate Supreme Court, instructed by Khan Imtiaz Muhammad Khan, Advocate-on-Record for Petitioners.
- Date of hearing : 13th February, 1982.
- Sardar Muhammad Ishaque Khan, Advocate Supreme Court, instructed by Khan Imtiaz Muhammad Khan, Advocate‑on‑Record for Petitioners.
- Mian Sher Alam, Advocate Supreme Court and Karam Elahi Bhatti, Advocate‑on‑Record for the State.
Headnotes / Summary
(On appeal from the judgment and order dated 11-1-1982 of the Lahore High Court, Rawalpindi Bench in Cr. Misc. No. 424/B/81). -- Ss. 497 & 498-Bail in murder cases-A matter of discretion of trial Court--Offences punishable with death or life imprisonment-Discre tion in such cases subject to limitation of being not allowed Courts not required in bail matters to probe into merits of case and have only to look to material placed before them-No infirmity in impugned order justifying interference existing, petition dismissed Penal Code (XLV of 1860), S. 302 read with Constitution of Pakistan (1973), Art. 185 (3). Mian Sher Alam, Advocate Supreme Court and Karam Elahi Bhatti, Advocate-on-Record for the State.
Judgment & Decree
SHAH NAWAZ KHAN, J.‑ Ibrahim son of. Din Muhammad and Pervez son of Pir Bakhsh, both Kashmiris by caste and residents of Tarnole, District Islamabad, are charged for causing the murder of Noor Elahi in furtherance of their common intention. Muhammad has also been charged along with them. The request of Ibrabim and Pervez for bail was rejected by the Sessions Judge, Islamabad. Their prayer for bail also failed before the High Court, and the learned Judge of the Lahore High Court, Rawalpindi Bench, by his order dated 11‑1‑1982 dismissed their petition. They have now come to this Court with a prayer for special leave to appeal against the said judgment dated 11‑1‑1982 of the High Court. Refusal to grant bail in a case like the present one is a matter of discre tion of the trial Court which is trying the case. For offences punishable with death or transportation, the discretion is subject to the limitation that bail is not to be allowed to an accused person. The Courts are not required to probe into the merits of the case. They have only to look at the material placed before them. We find no infirmity in the impugned order which may justify interference so far as the grant of bail to the petitioner is concerned. This petition is, therefore, dismissed. Petition dismissed.