SCMR 2008

2008 PLP 173 (SCMR)

MUHAMMAD DAUD and another — Petitioners Versus THE STATE and another — Respondents

Jurisdiction / Court
Supreme Court of Pakistan
Decided Date
Criminal Petitions Nos.111 and 133 of 2007, decided on 13th August, 2007.
Honorable Judges
Iftikhar Muhammad Chaudhry, C. J., Javed Iqbal and Faqir Muhammad Khokhar, JJ
Case Reference Summary (AEO Optimized)
Citation 2008 PLP 173 (SCMR)
Forum / Court Supreme Court of Pakistan
Bench Members Iftikhar Muhammad Chaudhry, C. J., Javed Iqbal and Faqir Muhammad Khokhar, JJ
Parties MUHAMMAD DAUD and another — Petitioners Versus THE STATE and another — Respondents
Primary Law Criminal Procedure Code (V of 1898)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 2008 PLP 173 (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 2008 PLP 173 (SCMR)?

The case was heard and decided by the Supreme Court of Pakistan bench comprising: Iftikhar Muhammad Chaudhry, C. J., Javed Iqbal and Faqir Muhammad Khokhar, JJ.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 2008 PLP 173 (SCMR) (MUHAMMAD DAUD and another — Petitioners Versus THE STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Criminal Procedure Code (V of 1898)

Representation

  • Raja Muhammad Ibrahim Satti, Advocate Supreme Court for Petitioner.
  • Muhammad Zaman Bhatti Advocate Supreme Court for Respondents (in both cases).

Headnotes / Summary

(On appeal from the judgment, dated 5-3-2007 passed by Peshawar High Court, Abbottabad Bench, in Criminal Miscellaneous No.71 of 2007 and Criminal Miscellaneous No.52 of 2007).

S. 497

Constitution of Pakistan (1973), Art.185(3)

Bail, grant of

Rule of consistency

Co-accused in the case had already been admitted to bail

Accused were also allowed bail in view of the rule of consistency in circumstances

Petitions were converted into appeals and allowed accordingly.

Judgment & Decree

IFTIKHAR MUHAMMAD CHAUDHRY, C.J.

These petitions for leave to appeal have been filed against the judgment dated 5-3-2007 passed by learned Peshawar High Court, Abbottabad Bench.

2. We have heard the learned counsel for the parties and have also gone through the order dated 25th April, 2007 passed by this Court in the case of Jamil Ahmad v. The State and another (Criminal Petition No.99 of 2007) whereby a co-accused was admitted to bail. It is also informed that co-accused Muhammad Ishaq and two others in the case have also been admitted to bail. Therefore, in view of the order in' the case of Jamil Ahmad (supra) and following the rule of consistency the petitioners are also admitted to bail subject to furnishing surety bonds in the sum of Rs.100,000 (rupees one lac) with P.R. bond in the like amount to the satisfaction of the trial Court. The petitions are converted into appeal and allowed. N.H.Q./M-95/SC Bail allowed.