1992 PLP 813 (SCMR)
SHAHID IQBAL BUTT‑‑‑Petitioner Versus THE STATE and another‑‑‑Respondents
| Citation | 1992 PLP 813 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Shafiur Rahman, Actg. CJ. |
| Parties | SHAHID IQBAL BUTT‑‑‑Petitioner Versus THE STATE and another‑‑‑Respondents |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑ |
Q1: What are the key laws and sections cited in 1992 PLP 813 (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 1992 PLP 813 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Shafiur Rahman, Actg. CJ..
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1992 PLP 813 (SCMR) (SHAHID IQBAL BUTT‑‑‑Petitioner Versus THE STATE and another‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Shaukat Ali, Senior Advocate Supreme Court and Ejaz Muhammad Khan, Advocate ‑on‑Record for Petitioner,
- Muhammad Asghar, Advocate Supreme Court for Respondent No.1, Ch. M. Aslam, Advocate‑on‑Record for Respondent No.2. .
- Date of hearing: 30th March, 1991.
Headnotes / Summary
(From the judgment of Lahore High Court, Lahore, dated 27th February, 1991 passed in Criminal Miscellaneous No.3682/B of 1990). ‑‑‑‑S.497‑‑‑Penal Code (XLV of 1860), S.302/307/148/149‑‑‑Constitution of Pakistan ( 1973), Art.185(3)‑‑‑Bail‑‑‑Bail granted to accused by Sessions Court had been cancelled by High Court‑‑‑Final report submitted under S.173, Cr.P.C. revealed that case against accused stood cancelled by an order of the Magistrate which fact was confirmed by prosecution‑‑‑Complainant, however, disputed the correctness of the order so passed by the Magistrate‑‑‑Held,. Supreme Court was not called upon in such proceedings to determine the correctness of the order of cancellation of the case as against the accused and his discharge yet all the same it must take note of what had happened‑‑‑Order discharging accused having been passed, cancellation of bail order by High Court automatically did not stand in the way and the same was consequently set aside.
Judgment & Decree
SHAFIUR RAHMAN, ACTG. CJ:
Shahid Iqbal Butt, the petitioner,, was directly, charged by the first informant for firing at his head with a .12 bore gun in an occurrence resulting in the registration of the case under section 302/307/148/149, P.P.C. against him and a few others.
2. The learned Additional District Judge, Faisalabad admitted Shabid Iqbal Butt/petitioner to bail on 25‑8‑1990 on the ground that Javed Iqbal who was injured at the hands of Shahid Iqbal specifically exonerated him from the charge and stated that he was not present at the spot, coupled with the fact that the Investigating Officer also found him innocent. The High Court in cancelling the bail granted to Shahid Iqbal, held as hereunder:‑‑‑-- "Though the police has held the respondent innocent, yet I have not been able to find any material on the basis of which they could arrive at the said conclusion. It is a case which is being supported by three injured eye‑witnesses, and all of them have unanimously implicated' the respondent by name."
3. The learned counsel has pointed out that in the final report submitted under section 173, Cr.P.C., the case against Shahid Iqbal stands cancelled by an order of the Magistrate. In view of such a discharge of the petitioner, the cancellation of bail order should not stand in the way of his liberties.
4. The State counsel confirms that case as against Shahid Iqbal Butt stands cancelled by an order of the Magistrate. The learned counsel for the complainant/respondent No.2 disputes the correctness of the orders so passed by the learned Magistrate. .
5. At this juncture we are not called upon in these proceedings to determine the correctness of the order of cancellation of the case as against the petitioner and his discharge. All the same we must take note of that having happened. In view of such an order having been passed, the cancellation of bail order automatically does not stand in the way. Nevertheless, in order to remove any doubt, we convert this petition into appeal, as notice has already been given to the State etc., and allow the same and set aside the order impugned before us. N.H.Q./S‑644/S Appeal allowed.