2000 PLP 1438 (SCMR)
LIAQAT ALI — Petitioner Versus THE STATE — Respondents
| Citation | 2000 PLP 1438 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Saiduzzaman Siddiqui, C.J., Sh. Riaz Ahmed |
| Parties | LIAQAT ALI — Petitioner Versus THE STATE — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2000 PLP 1438 (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 2000 PLP 1438 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Saiduzzaman Siddiqui, C.J., Sh. Riaz Ahmed.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2000 PLP 1438 (SCMR) (LIAQAT ALI — Petitioner Versus THE STATE — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sh. Khizar Hayat, Advocate Supreme Court and S. Abul Aasim Jafri, Advocate-on-Record for Petitioner.
- Date of hearing: 24th November, 1999.
Headnotes / Summary
(On appeal from the order-of Lahore High Court, Multan Bench, dated 8-7-1999 passed in Cr. Misc. No. l l l l-B of 1999).
S. 497
Penal Code (XLV of 1860), S.302
Constitution of Pakistan (1973), Art. 185(3)
Plea of self-defence raised by the accused could be considered at the trial as a defence plea which could not possibly be considered by Supreme Court at bail stage
Grant or refusal of bail by High Court being purely in exercise of its discretionary power could not be interfered with lightly by Supreme Court
View taken by High Court in refusing bail to accused did not suffer from any legal infirmity
Leave to appeal was refused to accused accordingly. State v. Muhammad Hanif and 5 others 1992 SCMR 2047 ref. Nemo for the State.
Judgment & Decree
SAIDUZZAMAN SIDDIQUI, C. J.
The petitioner is seeking leave to appeal against the order of a learned Judge in Chambers of Lahore High Court, Multan Bench, dated 8-7-1999 whereby the petitioner was refused bail in a case registered against him under section 302, P.P.C.
2. The learned counsel for the petitioner contends that his client is entitled to the grant of bail in the case as according to prosecution case, he had killed deceased Malik Hussain son of Khadim Hussain after having seen the deceased in a compromising position with his daughter, Shazia. The learned counsel contends that the circumstances mentioned in the F.I.R. gave right of self-defence to the petitioner in terms of the Injunctions of Islam. In support of his contention, the learned counsel has relied on the case State v. Muhammad Hanif and 5 others (1992 SCMR 2047). We are unable to accept the contention of learned counsel for the petitioner. The plea of self-defence raised by the petitioner can be considered at the trial as a defence plea. At this stage, it is not possible to consider this plea of the petitioner. Apart from it, the case relied by the learned counsel for the petitioner was an appeal filed by the State which arose after the final decision of the case. The grant or refusal of bail by the High Court was purely in exercise of discretionary power of the Court which. cannot be interfered with lightly. We have not been able to discover any legal infirmity in the view taken by the High Court. The petition is, accordingly dismissed and leave is refused.