SCMR 1998

1998 PLP 358 (SCMR)

DILDAR BAIG‑‑‑Petitioner Versus THE STATE‑‑‑Respondent

Jurisdiction / Court
Supreme Court of Pakistan
Decided Date
Criminal Petition for Leave to Appeal No.376‑L of 1996, decided on 15th February, 1997.
Honorable Judges
Zia Mahmood Mirza and Raja Afrasiab Khan, JJ
Case Reference Summary (AEO Optimized)
Citation 1998 PLP 358 (SCMR)
Forum / Court Supreme Court of Pakistan
Bench Members Zia Mahmood Mirza and Raja Afrasiab Khan, JJ
Parties DILDAR BAIG‑‑‑Petitioner Versus THE STATE‑‑‑Respondent
Primary Law Criminal Procedure Code (V of 1898)‑‑‑
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1998 PLP 358 (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 1998 PLP 358 (SCMR)?

The case was heard and decided by the Supreme Court of Pakistan bench comprising: Zia Mahmood Mirza and Raja Afrasiab Khan, JJ.

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

Cite this legal precedent as: 1998 PLP 358 (SCMR) (DILDAR BAIG‑‑‑Petitioner Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Criminal Procedure Code (V of 1898)‑‑‑

Representation

  • Seerat Hussain Naqvi, Advocate Supreme Court with S. Abul Aasim Jafri, Advocate‑on‑Record for Petitioner.
  • Date of hearing: 15th February, 1997.
  • Seerat Hussain Naqvi, Advocate Supreme Court with S. Abul Aasim Jafri, Advocate-on-Record for Petitioner.
  • Dil Muhammad Tarir, Advocate Supreme Court for the State.

Headnotes / Summary

(On appeal from the order of the Lahore High Court dated 21‑10‑1996 passed in Criminal Miscellaneous No.4186/B of 1996). ‑‑‑‑S. 497‑‑‑Penal Code (XLV of 1860), S.324/148/149‑‑‑Constitution of Pakistan (1973), Art.185(3)‑‑‑Bail‑‑‑Accused was named in the F.I.R., with a specific role and allegations against him were serious in nature‑‑‑Leave to appeal was refused to accused in circumstances. Dil Muhammad Tarir, Advocate Supreme Court for the State.

Judgment & Decree

RAJA AFRASIAB KHAN, J.

On 3rd of May, 1996 at 2-35 p.m., a case under section 324/148/149, P.P.C. was registered on the statement of Mushtaq Ahmad with Police Station Pahrianwali, District Mandi Baha-ud-Din against Dildar Baig (petitioner), Aftab Baig, Aurangzeb Baig, Akram Baig and Sajjad Baig for causing injuries to Mushtaq Ahmad. Special Court No.I11 (Suppression of Terrorist Activities) dismissed the bail petition observing that the petitioner is guilty of murderous assault on the complainant party while armed with fire-arms vide order dated 14-9-1996. This order was upheld by a Division Bench of the Lahore High Court by dismissing the bail application of the petitioner on 21-10-1996. This petition for leave to appeal has been instituted by the petitioner.

2. Learned counsel argues that there is no evidence to connect the petitioner with the commission of the crime and as such, he is entitled to be released on bail.

3. The petitioner is named in the F.I.R. with a specific role. Allegations against him are serious in nature. This being so, there is no substance in this) petition which is dismissed by refusing leave to appeal. N.H.Q./D-1/S Leave refused.