2005 PLP 756 (SCMR)
MUHAMMAD ARSHAD and others — Petitioners Versus THE STATE — Respondent
| Citation | 2005 PLP 756 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Sh. Riaz Ahmad, C.J., Faqir Muhammad Khokhar and Karamat Nazir Bhandari, JJ |
| Parties | MUHAMMAD ARSHAD and others — Petitioners Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2005 PLP 756 (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 2005 PLP 756 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Sh. Riaz Ahmad, C.J., Faqir Muhammad Khokhar and Karamat Nazir Bhandari, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2005 PLP 756 (SCMR) (MUHAMMAD ARSHAD and others — Petitioners Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Date of hearing: 22nd December, 2003.
- Ch. Muhammad Yaqub Sindhu, Advocate Supreme Court for the Petitioners.
Headnotes / Summary
(On appeal from the order, dated 24-4-2003 of the Lahore High Court, Multan Bench, passed in Criminal Miscellaneous No. 302-B of 2003).
S. 497
Penal Code (XLV of 1860), Ss.302/148/149
Constitution of Pakistan (1973), Art.185(3)
Accused were named in the F.I.R. with the specific role of causing injuries to the deceased with their hatchets
Accused having been found guilty during police investigation, their case was not at par with other co-accused who were granted bail
Offences with which the accused were charged were hit by the prohibition contained in S.497(1), Cr.P.C.
Bail was declined to accused in circumstances. Ch. Muhammad Yaqub Sindhu, Advocate Supreme Court for the Petitioners. Mrs. Salma Malik, A.A.G. for the State.
Judgment & Decree
FAQIR MUHAMMAD KHOKHAR, J.
The petitioners seek leave to appeal against order, dated 24-4-2003 passed by the Lahore High Court, Multan Bench, in Criminal Miscellaneous No.302/B of 2003.
2. A case F.I.R. No.538, dated 1-10-2001 under sections 302, 148 and 149, P.P.C. was registered against the petitioners and others at Police Station, Noor Shah, District Sahiwal for the murder of Azhar Hussain son of the complainant Muhammad Sharif. It was alleged that the petitioners while armed with hatchets, accompanied by their co-accused who were similarly armed, caused injuries on the person of the deceased who succumbed to the same at the spot. The petitioners and other co-accused moved the trial Court for grant of bail which was declined qua the petitioners but was granted to the co-accused. Thereafter, the petitioners filed Criminal Miscellaneous No.302-B of 2003 which was dismissed by the impugned order passed by the Lahore High Court, Multan Bench. Hence, this petition for leave to appeal.
3. The learned counsel for the petitioners argued that it was a case of un-witnessed occurrence. The other co-accused Muhammad Ramzan alias Bagga, Faqir Muhammad and Muhammad Hassan against whom similar role was attributed had already been granted bail by the trial Court. It was contended that the local police had come to the conclusion that it was a blind murder. Therefore, the police had deferred the arrest of the petitioners. On account of findings of the police of innocence of the co-accused, the complainant had filed a private complaint before the trial Court. The learned counsel lastly submitted that the case against the petitioners called for further inquiry as to their guilt.
4. We have heard the learned counsel for the petitioners at length. The petitioners were named in the F.I.R. with a specific role of causing injuries on the person of the deceased with their hatchets. The case of the petitioners is not at par with other co-accused to whom the bail was granted as the petitioners were found guilty during the police investigation. The offences against the petitioners fall within the prohibitory clause of section 497, Cr.P.C. In these circumstances, no exception can be taken to the impugned order, dated 24-4-2003 passed by a learned Single Judge of the Lahore High Court, Multan Bench. This is not a fit case for grant of bail.
5. For the foregoing reasons, we do not find any merit in this petition which is dismissed and leave to appeal is refused accordingly. N.H.Q./M-95/S Bail refused.