1978 PLP 159 (SCMR)
N/A
| Citation | 1978 PLP 159 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Anwarul Haq, C. J. and Muhammad Haleem, J |
| Parties | N/A |
| Primary Law | Civil Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1978 PLP 159 (SCMR)?
This judgment primarily cites: Civil Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1978 PLP 159 (SCMR)?
The case was heard and decided by the High Court bench comprising: Anwarul Haq, C. J. and Muhammad Haleem, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1978 PLP 159 (SCMR) (N/A). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Fazal-ul-Haq. Advocate Supreme Court instructed by Akhtar Ali Chaudhry, Advocate-on-Record for Petitioner.
- Date of hearing : 14th December 1977.
- Ch. Fazal‑ul‑Haq. Advocate Supreme Court instructed by Akhtar Ali Chaudhry, Advocate‑on‑Record for Petitioner.
Headnotes / Summary
(On appeal from the judgment and order of the High Court of Sind, Karachi, dated the 25th October 1977. in Criminal Bail Application No. 917 of 1977). -- Ss. 497 8t 498-Bail-High Court finding existence of ocular evidence of injured persons, sustaining gunshot injuries, implicat ing petitioner as only person firing from a gun-Case, hence, not one of no evidence-High Court, held, acted property in exercise of its discretion in refusing bail to petitioner. Nemo for the State.
Judgment & Decree
Ch. Fazal‑ul‑Haq. Advocate Supreme Court instructed by Akhtar Ali Chaudhry, Advocate‑on‑Record for Petitioner. Nemo for the State. Date of hearing : 14th December 1977. ANWARUL HAQ, C.J.‑This is a petition for special leave to appeal against the order of the High Court of Sind dated 25th October, 1977 dismissing the petitioner's application for bail. A case under section 302/207/148/149/435/188, P. P. C. was registered against the present petitioner along with three others, namely, Aurangzeb. Ayub and Fazal Dad at the instance of Gal Rehman, the S. H. O. Police Station, Kalakot, Karachi, vide F. I. R. dated 20th April, 1977. The facts as disclosed by the F. I. R., briefly stated are, that on 20.4‑1977 the above‑named S. H. O. while on duty, was Informed that a confrontation of political nature had taken place on Muhammad Khan Durrah Road between the PNA demonstrators who wanted the shops to close down and the PPP workers who were against it. The S. H. O. alongwith his police party reached the spot and saw that the rioters were pelting stones at each other. Firing was also resorted to, as a result of which one poison died at the spot, and five persons were injured and taken to hospital, where one of them also died. According to the statements recorded by S. H. O. of the alleged witnesses and injured persons the firing of gun shots was solely attributed to the present petitioner, being the only person armed with a gun. The learned counsel for the petitioner contend that the learned judge in the High Court has erred in dismissing the petitioner's application in that the F. I. R does not clearly specify who actually did the firing, that the plea of alibi has not been considered properly and that the petitioner is an infirm and old man of sixty years of age. The learned Judge in the High Court has found that since there is ocular evidence of the injured persons, who had sustained gunshot injuries, Implicating the present petitioner as the only person who fired from a gun, it, could not be said that this was a case of no evidence. In view of the positive attribution of the gunshots to the present petitioner by the injured persons, we do not thing that the learned Judge in the High Court had acted improperly in the exercise of his discretion. This petition, therefore, fails and is hereby dismissed. Petition dismissed.