SCMR 1987

1987 PLP 1085 (SCMR)

MUHAMMAD KHAN‑‑Petitioner Versus MAHMOOD SHAH and others Respondents

Jurisdiction / Court
High Court
Decided Date
Criminal Petition No. 369 of 1986, decided on 6th April, 1987.
Honorable Judges
Aslam Riaz Hussain and Ali Hussain Qazilbash, JJ
Case Reference Summary (AEO Optimized)
Citation 1987 PLP 1085 (SCMR)
Forum / Court High Court
Bench Members Aslam Riaz Hussain and Ali Hussain Qazilbash, JJ
Parties MUHAMMAD KHAN‑‑Petitioner Versus MAHMOOD SHAH and others Respondents
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 1987 PLP 1085 (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 1987 PLP 1085 (SCMR)?

The case was heard and decided by the High Court bench comprising: Aslam Riaz Hussain and Ali Hussain Qazilbash, JJ.

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

Cite this legal precedent as: 1987 PLP 1085 (SCMR) (MUHAMMAD KHAN‑‑Petitioner Versus MAHMOOD SHAH and others Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Criminal Procedure Code (V of 1898)‑‑

Representation

  • Shah Ahmad Khan Baloch, Advocate Supreme Court and Tanveer Ahmad, Advocate‑on‑Record for Petitioner.
  • Wahid‑ud‑Din Virk, Advocate Supreme Court for Respondent No. 1.
  • A.W. Butt, Advocate Supreme Court for Respondents Nos. 2, 3 and 4.
  • Date of hearing: 6th April, 1987.
  • Faiz Muhammad, Advocate Supreme Court for the State.

Headnotes / Summary

(From the order of the Lahore High Court, dated 5‑11‑1986, passed in Criminal Miscellaneous No. 3088/8 of 1986). ‑‑‑S. 497(5)‑‑Penal Code (XLV of 1860), Ss. 302, 307, 149, 148 & 109‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑Bail, cancellation ofSupreme Court declined to interfere with discretion exercised by two Courts below in allowing bail to accused‑‑Leave to appeal refused. Faiz Muhammad, Advocate Supreme Court for the State.

Judgment & Decree

Shah Ahmad Khan Baloch, Advocate Supreme Court and Tanveer Ahmad, Advocate‑on‑Record for Petitioner. Wahid‑ud‑Din Virk, Advocate Supreme Court for Respondent No.

1. A.W. Butt, Advocate Supreme Court for Respondents Nos. 2, 3 and

4. Faiz Muhammad, Advocate Supreme Court for the State. Date of hearing: 6th April, 1987. ALI HUSSAIN QAZILBASH, J.‑‑This is a petition for leave to appeal from the order of a learned Single Judge of the Lahore High Court, dated 5‑11‑1986, whereby the petition of Muhammad Khan petitioner for cancellation of bail was dismissed.

2. In the above case, nine persons including the four respondents are charged under sections 302/307/149 and 148 read with section 109, P.P. C. for committing the murder of one Zulfiqar and injuries to four persons. The occurrence is alleged to have taken place on 28‑6‑1986 at 5 a.m. in the area of Chak No. 401/G.B., Police Station Tandlianwala, District Faisalabad. The four respondents were allowed bail by the learned Additional Sessions Judge, Faisalabad, on 16‑10‑1986 on the grounds written in his order. The petitioner's application for cancellation of the bail of the four respondents was dismissed by the Hiah Court through the impugned order.

3. We have heard the learned counsel for the petitioner and the caveator and have gone through the orders of the Courts below. Since both the Courts have exercised their discretion in allowing bail to the respondents, we do not find any ground to interfere with the same. The petition is dismissed. M.I./M‑86/5 Leave refused