1987 PLP 1291 (SCMR)
GHULAM SHABBIR‑‑Appellant Versus THE STATE‑‑Respondent
| Citation | 1987 PLP 1291 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Haleem, C.J., Nasim Hasan Shah, Shafiur Rahman, Ali Hussain Qazilbash and Mian Burhanuddin Khan, JJ |
| Parties | GHULAM SHABBIR‑‑Appellant Versus THE STATE‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1987 PLP 1291 (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 1291 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Haleem, C.J., Nasim Hasan Shah, Shafiur Rahman, Ali Hussain Qazilbash and Mian Burhanuddin Khan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 1291 (SCMR) (GHULAM SHABBIR‑‑Appellant Versus THE STATE‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- S. Ahmad Raza Qasuri, Advocate Supreme Court and Ch. Akhtar Ali Advocate‑ on‑Record for Appellant.
- Date of hearing: 2nd May, 1987.
- Muhammad Nawaz Abbasi, Asstt. A.‑G., Punjab and Rao Muhammad Yusuf Advocate‑ on‑Record for the State.
Headnotes / Summary
‑‑‑S. 497‑‑Penal Code (XLV of 1860), Ss.302 & 34‑‑Bail‑‑Contention that accused persons, initially charged, had been discharged on the report of the police and the appellant had been substituted later on the weakest possible evidence; there being no motive for the appellant to commit crime, case against him, therefore, became highly doubtful; that numerous injuries caused to the deceased would show that the same had been inflicted by more than one person who had strong motive to commit crime; and the extra‑judicial confession was also doubtful‑‑Appellant, held, was entitled to be released on bail in circumstances. Muhammad Nawaz Abbasi, Asstt. A.‑G., Punjab and Rao Muhammad Yusuf Advocate‑ on‑Record for the State.
Judgment & Decree
MIAN BURHANUDDIN KHAN, J‑‑ Ghulam Hussain was murdered in the night between the 13th and 14th October, 86 and his dead body was thrown in Main Wali Kassi'. The dead body was recovered on the morning of 14‑10‑1986 at 8 AM. Rab Nawaz father of the deceased lodged the report in Police Station Talagang wherein he charged three persons namely Muhammad Afzal, Masood Akhtar and Muhammad Ashraf for committing the murder of his son Ghulam Hussain for the reason that the deceased was suspected of having illicit relation with the wife of Muhammad Afzal. Masood Akhtar was close relative of Muhammad Afzal's wife while Muhammad Ashraf was a friend of both. Later on, during the investigation all the three above‑named persons were let off being innocent and the appellant was arrested for making an extra‑judicial confession in the presence of Muhammad Akram and Haji Muhammad Akbar PWs and on the testimony of Noor Muhammad and Rustam Khan that they had last seen the deceased in the company of the appellant. Application for bail was submitted by the appellant to the learned Additional Sessions Judge, Chakwal but the same was rejected per order dated 4‑3‑1987. He then filed an application for bail before the Lahore High Court but the same was also rejected by a learned single Judge vide the impugned order dated 31‑3‑1987. Thereafter the appellant approached this Court through petition for leave to appeal. Notice was issued to the State and the petition was converted into appeal.
2. It is urged by the learned counsel for the appellant that the accused persons, initially charged, have been discharged on the report of the police and the appellant has been substituted later on the weakest possible evidence. He further submitted that there being no motive for the appellant to commit the crime, the case against him, therefore, becomes highly doubtful; that the numerous injuries caused to the deceased would show that the same have been inflicted by more than one person who had strong motive to commit the crime; and that the extrajudicial confession is also doubtful.
3. We have examined the points raised by the learned counsel, and we are of the view that the appellant Ghulam Shabbir is entitled to be released on bail. He shall be so released on bail on furnishing ail in the sum of rupees twenty‑five thousand with two sureties ink the like amount to the satisfaction of the trial Court. M. B. A./G‑19/S Bail granted