1989 PLP 2046 (SCMR)
Mst. RASHID BEGUM Petitioner Versus ABDUR RASHID Respondent
| Citation | 1989 PLP 2046 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal, Zullah and Ghulam Mujaddid, JJ |
| Parties | Mst. RASHID BEGUM Petitioner Versus ABDUR RASHID Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1989 PLP 2046 (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 1989 PLP 2046 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal, Zullah and Ghulam Mujaddid, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 2046 (SCMR) (Mst. RASHID BEGUM Petitioner Versus ABDUR RASHID Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Nemo for Respondent.
- Date of hearing: 21st June, 1989.
- M. Akhtar, Additional Advocate‑General and Abdus Samad Hashmi, Advocate Supreme Court for the State.
- 2. The Court by relaxing the rules treated the aforenoted application as petition for leave to appeal. It has accordingly come up for hearing in presence of the applicant/petitioner for herself and Mr. .M. Akhtar Additional Advocate General assisted by Mr: Abdul Samad Hashmi, Advocate Supreme Court, has appeared for the State.
- 3. After hearing the learned Additional Advocate‑General who supported the plea for cancellation of bail we consider it a fit case to examine; whether, the order dated 3‑12‑1988 passed by the High Court releasing Abdur Rashid respondent on bail in facts and circumstances of this case, satisfies the well established practice of the Superior Courts regarding release on bail of accused involved in cases of murder. Accordingly, leave to appeal is granted against the order of the High Court. Non‑bailable warrants shall issue against Abdur Rashid I respondent for appearance in this Court. The police record shall be summoned so that it is available at the time of hearing of the appeal which shall be fixed as soon as possible.
Headnotes / Summary
(On appeal from the judgment dated 3-12-1988 of the Lahore High Court in Cri. Misc.No. 3865-B of 1988).
S.497 (5)--Constitution of Pakistan (1973), Art. 185 (3)--Penal Code (XLV of 1860), 302--Bail, cancellation of--Petitioner's son was murdered on account of some motive relating to her daughter-in-law--Petitioner complained that accused was released on bail as a result whereof she apprehended that her daughter-in law might be abducted, enticed and that she and her relations were under fear of harm from the accussd--Leave to appeal was granted to consider whether order, releasing accused on bail, in facts and circumstances of case satisfied the well established practice of superior Courts regarding release on bail of accused involved in cases of murder. Petitioner in person. M. Akhtar, Additional Advocate-General and Abdus Samad Hashmi, Advocate Supreme Court for the State.
Judgment & Decree
MUHAMMAD AFZAL ZULLAH, J.‑‑The petitioner submitted a miscellaneous application before this Court complaining that her son, an army employee, was on leave when he was murdered on account of some motive relating to her daughter‑in‑law. With this brief narrative the applicant complained that Abdur Rashid accused was released on bail as a result whereof she apprehended that her daughter‑in‑law might be abducted enticed and further that she anti her relations are under fear of the harm from the accused. A copy of an order passed by the High Court releasing Adur Rashid accused in this case, was also filed with this miscellaneous application.
2. The Court by relaxing the rules treated the aforenoted application as petition for leave to appeal. It has accordingly come up for hearing in presence of the applicant/petitioner for herself and Mr. .M. Akhtar Additional Advocate General assisted by Mr: Abdul Samad Hashmi, Advocate Supreme Court, has appeared for the State.
3. After hearing the learned Additional Advocate‑General who supported the plea for cancellation of bail we consider it a fit case to examine; whether, the order dated 3‑12‑1988 passed by the High Court releasing Abdur Rashid respondent on bail in facts and circumstances of this case, satisfies the well established practice of the Superior Courts regarding release on bail of accused involved in cases of murder. Accordingly, leave to appeal is granted against the order of the High Court. Non‑bailable warrants shall issue against Abdur Rashid I respondent for appearance in this Court. The police record shall be summoned so that it is available at the time of hearing of the appeal which shall be fixed as soon as possible. M.A.K./R‑125/S Leave granted,