1987 PLP 609 (SCMR)
ABDUL GHAFFAR‑‑Petitioner Versus SHAKHI SULTAN and others‑‑Respondents
| Citation | 1987 PLP 609 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Abdul Kadir Shaikh, S.A. Nusrat and Zaffar Hussain Mirza, JJ |
| Parties | ABDUL GHAFFAR‑‑Petitioner Versus SHAKHI SULTAN and others‑‑Respondents |
| Primary Law | Constitution of Pakistan (1973)‑‑ |
Q1: What are the key laws and sections cited in 1987 PLP 609 (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 609 (SCMR)?
The case was heard and decided by the High Court bench comprising: Abdul Kadir Shaikh, S.A. Nusrat and Zaffar Hussain Mirza, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 609 (SCMR) (ABDUL GHAFFAR‑‑Petitioner Versus SHAKHI SULTAN and others‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Abdul Hafeez Memon, Advocate Supreme Court for Petitioner.
- Muzaffar Hassan, Advocate‑on‑Record for Respondents Nos. 1 and 2.
- Nemo for Respondent No. 3.
- Date of hearing: 19th June, 1986.
- Additional Advocate‑General for the State.
- On 17‑6‑1986 when the petition came for hearing, notice was issued to the three respondents to show cause why the petition should not be converted into an appeal and decided accordingly. Mr. Muzaffar Hassan, Advocate‑on‑Record represents respondents 1 to 2 but notice issued to respondent 3 has not been personally served on him and he is not present. His brother is however present and he states that the respondent 3 has left his village and will return after about 10 days.
- Learned Additional Advocate‑General who appears for the State fully supports the petition. In the circumstances we feel that since a good case for grant of leave is made out, it is not necessary to wait for the notice to be served on respondent 3 personally, and therefore grant leave to appeal and allow the petition.
Headnotes / Summary
(On appeal from the judgment and order of the Sind High Court, Karachi, in Criminal Miscellaneous No. 213‑243 of 1986, dated 1‑4‑1986). ‑‑Art. 185(3)‑‑Criminal Procedure Code (V of 1898), S.497(5)‑‑Penal Code (XLV of 1860), S. 302/307/34‑‑Bail, cancellation of‑‑Order granting bail to accused under S . 302/ 307 / 34, P . P . C . , challenged‑‑Notice not served upon one of respondents‑‑Since a good case for grant of leave to appeal was made out it was, held, not necessary to wait for notice to be served on him personally‑‑Leave to appeal granted. Additional Advocate‑General for the State.
Judgment & Decree
ABDUL KADIR SHAIKH, J ‑‑ This is a petition for leave to appeal from the order passed by a learned Judge of Sind High Court dated 1‑4‑1986 disposing of three criminal miscellaneous applications relating to grant of bail to respondents 1 to 3 who are facing trial in a case under sections 302, 307/34, P.P.C. for having caused the death of Abdul Sattar and serious injuries to several persons with their respective fire‑arms. On 17‑6‑1986 when the petition came for hearing, notice was issued to the three respondents to show cause why the petition should not be converted into an appeal and decided accordingly. Mr. Muzaffar Hassan, Advocate‑on‑Record represents respondents 1 to 2 but notice issued to respondent 3 has not been personally served on him and he is not present. His brother is however present and he states that the respondent 3 has left his village and will return after about 10 days. Learned Additional Advocate‑General who appears for the State fully supports the petition. In the circumstances we feel that since a good case for grant of leave is made out, it is not necessary to wait for the notice to be served on respondent 3 personally, and therefore grant leave to appeal and allow the petition. The appeal will be heard on the present record in August 1986. It is however open to the parties to file additional documents, if any. M.I./A‑2/S Leave granted.