2008 PLP 884 (SCMR)
RIAZ ALI — Petitioner Versus THE STATE — Respondent
| Citation | 2008 PLP 884 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Abdul Hameed Dogar, C.J. and Muhammad Moosa K. Leghari, J |
| Parties | RIAZ ALI — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2008 PLP 884 (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 884 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Abdul Hameed Dogar, C.J. and Muhammad Moosa K. Leghari, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 884 (SCMR) (RIAZ ALI — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Abdul Waheed Siddiqui, Advocate Supreme Court and Akhlaq Ahmed Siddiqui, Advocate-on-Record for petitioner.
- Date of hearing: 29th February, 2008.
Headnotes / Summary
(On appeal from the judgment and order of the High Court of Sindh, Circuit Bench Hyderabad, dated 18-1-2008 passed in Criminal Bail Application No.S-543 of 2007).
S. 498
Penal Code (XLV of 1860), S.302
Constitution of Pakistan (1973), Art.185(3)
Petitioner's application for grant of pre-arrest bail having been dismissed by the High Court, he had filed petition for leave to appeal against said dismissal order
Name of the petitioner appeared in the promptly lodged F.I.R. with a specific role
Petitioner had been implicated by a prosecution witness who was mother of the deceased
Considerations for grant of pre-arrest bail were quite different from those of bail after arrest
Petitioner had not been able to make out a case for grant of pre-arrest bail
Petition for leave to appeal was dismissed. Nemo for the State.
Judgment & Decree
MUHAMMAD MOOSA K. LEGHARI, J.
This petition, for leave to appeal, is directed against the order, dated 18-1-2008 passed by the High Court of Sindh, Circuit Bench, Hyderabad in Criminal Bail Application No.S-543 of 2007 whereby petitioner's application for pre-arrest bail was dismissed. The petitioner is involved in a case Crime No.61 of 2007 Police Station, Sehwan registered on 5-9-2007 under section 302, P.P.C. on the complaint of Khamiso Khan thereby accusing the petitioner of causing murder of his daughter Bakhtawar aged about 14/15 years.
2. Learned counsel for the petitioner contended that the petitioner has been falsely implicated in the case on account of enmity as apparent from the affidavits of the prosecution witnesses and the people of the locality whereby the petitioner has been exonerated.
3. On considering the arguments addressed by learned counsel for the petitioner, we find that the same are without force. Admittedly, the affidavits placed on record were neither filed before the Court of Sessions nor High Court and were not considered by the Courts below. Such affidavits have been filed in the first instance before this Court, hence for this very reason those could not be taken into consideration at this stage. So far as merits are concerned, the name of the petitioner transpires in the promptly lodged F.I.R. with a specific role. He has been implicated by P.W. Ashraf Khatoon mother of deceased. It may further be observed that considerations for grant of pre-arrest bail are quite different from those of bail after arrest. For above reasons the petitioner has not been able to make out a case for pre-arrest bail. In the circumstances the petition is dismissed and leave refused. H.B.T./R-4/SC Leave refused.