1988 PLP 568 (SCMR)
YASEEN and others — Petitioners Versus THE STATE and others — Respondents
| Citation | 1988 PLP 568 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Nasim Hasan Shah, Javid Iqbal and Saad Saood Jan, JJ |
| Parties | YASEEN and others — Petitioners Versus THE STATE and others — Respondents |
| Primary Law | (a) Criminal Procedure Code (V of 1898), (b) Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1988 PLP 568 (SCMR)?
This judgment primarily cites: (a) Criminal Procedure Code (V of 1898), (b) Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1988 PLP 568 (SCMR)?
The case was heard and decided by the High Court bench comprising: Nasim Hasan Shah, Javid Iqbal and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1988 PLP 568 (SCMR) (YASEEN and others — Petitioners Versus THE STATE and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Syed Abul Assam Jafri, Advocate-on-Record for Petitioners.
- Date of hearing: 21st July, 1987.
- S.D.Qureshi, Advocate Supreme Court and Rao Muhammad Yousaf Khan, Advocate-on-Record for the State.
- Ch.Mehdi Khan Mehtab, Advocate-on-Record for the Complainant.
Headnotes / Summary
(From the order dated 1-2-1987 of the Lahore High Court in Criminal Miscellaneous No.320-B of 1987).
S.497-.Supreme Court Rules, 1980, O.XXIII, R.2--Constitution of Pakistan (1973), Art.185(3)--Bail, grant of--Time-barred petition for leave to appeal--Delay of 110 days condoned, in circumstances. --Ss.497, 498 & 145--Penal Code (XLV of 1860), Ss.302, 429, 149, 109 & 148--Constitution of Pakistan (1973), Art.185(3)--Bail, grant of--Petitioners involved in case under Ss.302, 429, 149, 109 & 148, P.P.C.--Dispute about forcibly taking over possession of land of complainant--Earlier proceedings conducted under 5.145, Cr.P.C. indicating that a member of accused party was in possession of disputed land--Petitions admitted to bail by High Court but on complaints that they were intimidating and assaulting members of complainant party and thus abusing the concession, their bail was cancelled--Subsequent application for grant of bail dismissed by High Court--Order impugned--Petition converted into appeal and bail granted ~o three appellants only. S.D.Qureshi, Advocate Supreme Court and Rao Muhammad Yousaf Khan, Advocate-on-Record for the State. Ch.Mehdi Khan Mehtab, Advocate-on-Record for the Complainant.
Judgment & Decree
SAAD SAOOD JAN, J.--The petitioners are involved in a case registered under sections 302 and 429, read with sections 149 and 109, and section 148 of the Pakistan Penal Code on the allegations that on 15-3-1984, at 7 a.m., they formed an unlawful assembly with the object of forcibly taking over possession of some land of the complainant party and in prosecution of the said object they fired indiscriminately at the complainant party resulting in the death of one Faiz Muhammad and the killing of a calf. It appears from the record that proceedings under section 145, Criminal Procedure Code, had been earlier conducted by a Magistrate who found Muhammad Afzal, an alleged member of the accused party, to be in possession thereof. The investigation was conducted by different officers and they all formed opinions favourable to the petitioners. In the circumstances by an order dated 16-8-1984 they were admitted to bail by the High Court. Subsequently, a number of F. I.Rs. were registered against the petitioners which indicated that they were intimidating and assaulting the members of the complainant party. Taking notice of these F.I.Rs. a learned Single Judge in the High Court by an order dated 21-1-1987 cancelled the bail granted to them on the ground that they were abusing the concession. Subsequently, the petitioners moved another application for bail but it was dismissed by the same learned Judge.
2. This petition is barred by 110 days. There is an application for condonation of delay. For the reasons stated therein, the delay is condoned.
3. After hearing the learned counsel appearing for the petitioners and the complainant party and Mr.S.D.Qureshi on behalf of the State, we convert this petition into appeal in so far as Muhammad Aslam son of Dost Muhammad, Yaseen son of Mirza and Dost Muhammad son of Mohammad Ali are concerned and direct that they will not be arrested B if they furnish bail bonds in the sum of Rs.50,000 with one surety each in the like amount to the satisfaction of Assistant Commissioner, Mandi Bahauddin. So far as the other petitioners are concerned, leave is refused.