1987 PLP 274 (SCMR)
NAWAB KHAN alias NABI and others‑‑Petitioners Versus THE STATE‑‑Respondent
| Citation | 1987 PLP 274 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Zaffar Hussain Mirza and Ali Hussain Qazilbash, JJ |
| Parties | NAWAB KHAN alias NABI and others‑‑Petitioners Versus THE STATE‑‑Respondent |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1987 PLP 274 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1987 PLP 274 (SCMR)?
The case was heard and decided by the High Court bench comprising: Zaffar Hussain Mirza 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 274 (SCMR) (NAWAB KHAN alias NABI and others‑‑Petitioners Versus THE STATE‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ijaz Hussain Batalvi, Senior Advocate Supreme Court, M.A. Zafar, Advocate Supreme Court and Manzoor Illahi, Advocate‑on‑Record for Petitioners. .
- Date of hearing: 7th October, 1986.
- M.Bilal, Advocate Supreme Court and Rao M. Yousaf Khan, Advocate‑on‑Record for the State.
Headnotes / Summary
(On appeal from the judgment of the Lahore High Court, Rawalpindi Bench, dated 15‑7‑1986). ‑‑‑‑Art. 185(3)‑‑Criminal Procedure Code (V of 1898), S. 497‑‑Bail, grant of‑‑Conviction on capital charge‑‑Leave to appeal having already been granted to re‑examine liability of accused petitioners, application for grant of bail allowed in respect of those who were not attributed grievous injuries to complainant party. M.Bilal, Advocate Supreme Court and Rao M. Yousaf Khan, Advocate‑on‑Record for the State.
Judgment & Decree
ZAFFAR HUSSAIN MIRZA, J.‑‑We have heard the learned counsel for the petitioners and the learned counsel appearing for the State. It is admitted on behalf of the petitioners that in the prosecution evidence only Nawab Khan, Rahim Khan and Muhammad Aslam have been attributed injuries to the deceased. The rest of the accused are, therefore, entitled to bail as this Court has granted leave to appeal to re‑examine their liability. The learned counsel for the State has opposed the grant of bail as the petitioners stand convicted on a capital charge. 2.After considering the argument of the learned counsel we find that out of the eight injured persons besides the deceased, five persons from the prosecution side had received one or more grievous injuries. These persons are Sher Baz P.W.14, Mir Baz P.W.11, Ghulam Haider (not produced) Fazal Hussain P.W.13 and Rehm Noor (not produced).
3. From the judgment of the High Court we find that the aforesaid five persons from the complainant side received injuries at the hands of one or more of the four accused, namely, Fazal Dad, Taj Muhammad Akhtar, Tariq Mahmood Akhtar and Atta Hussain. As grievous injuries are attributed to these accused in our opinion, they are not entitled to bail. Khalid Mahmood Akhtar has been attributed simple injuries with a blunt weapon to Mst. Karam Noor.
4. In the result the application for bail in regard to accused Tariq Mahmood Akhtar, Taj Mahmood Akhtar, Fazal Dad and Atta Hussain is rejected. The remaining accused, namely, Allah Dad, Muhammad Dilawar Khalid Mahmood, Ahmad Khan, Muhammad Riaz and Ghulam Muhammad are granted bail. Their sentences shall stand suspended and they shall be released on furnishing P.R. bonds in the sum of Rs.25,000 with one surety in the like amount each to the satisfaction of District Magistrate, Chakwal. M. I. Order accordingly.