2004 PLP 1018 (SCMR)
SHAHID — Petitioner Versus THE STATE — Respondent
| Citation | 2004 PLP 1018 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Javed Iqbal and Faqir Muhammad Khokhar, JJ |
| Parties | SHAHID — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2004 PLP 1018 (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 2004 PLP 1018 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Javed Iqbal and Faqir Muhammad Khokhar, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2004 PLP 1018 (SCMR) (SHAHID — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Malik Saeed Hassan, Advocate Supreme Court for Petitioner.
- Nemo for Respondent.
- Date of hearing: 22nd May, 2003.
Headnotes / Summary
(On appeal from the judgment of the Lahore High Court, Lahore, dated 8-4-2003 passed in Criminal Miscellaneous No. 1626/B of 2003).
S. 497
Penal Code (XLV of 1860), Ss.302, 148 & 149-- Constitution of Pakistan (1973), Art.185(3)
Besides the F.I.R., eye-witnesses in their statements under S.161, Cr.P.C. had implicated the accused as a principal accused of the offence
Deeper appreciation of the prosecution case was not ordinarily undertaken by the Supreme Court
Impugned order of High Court refusing bail to accused having been passed after perusal of the available material on record was neither arbitrary nor exceptionable
Leave to appeal was refused to accused by Supreme Court in circumstances.
Judgment & Decree
FAQIR MUHAMMAD KHOKHAR, J.
The petitioner seeks leave to appeal against impugned judgment, dated 8-4-2003 passed by the Lahore High Court, Lahore whereby Criminal Miscellaneous No. 1626/B of 2003 for grant of bail was dismissed.
2. A case F.I.R. No. 108 of 2002 under sections 302, 148 and 149, P.P.C. was registered on 13-7-2002 against the petitioner and others at Police Station, Safdarabad, District Sheikhupura for the murder of Qamar Habib. The petitioner was attributed a fatal fire shot on the head of the deceased. The petitioner moved Criminal Miscellaneous No. 1626/B of 2003 for grant of bail which was dismissed by a learned Single Judge of the Lahore High Court, Lahore by the impugned judgment, dated 8-4-2003.
3. The learned counsel for the petitioner submitted that as many as three successive investigations were conducted by senior police officers in which the petitioner was found innocent and was placed in Column-II of the police report under section 173, Cr.P.C. However, the petitioner was challaned under sections 337-H(II), 148 and 149, P.P.C. It was further argued that the case Against the petitioner called for further inquiry in view of the opinion of the police and for the reason that cognizance had not been taken by the trial Court on the private, complaints
4. We have heard the learned counsel for the petitioner at length. It appears that in addition to the First Information Report, the statements of the eye-witnesses were recorded by the police under section 161, Cr.P.C. who implicated the petitioner as a principal accused of the offence. The submissions made by the learned counsel require deeper appreciation of the prosecution case which exercise is not ordinarily undertaken by this Court. The Lahore High Court declined to grant the bail to the petitioner after going through the statements of the witnesses recorded under section 161, Cr.P.C. and the other material to which no exception could be taken. In the circumstances, the discretion exercised by the High Court cannot be said to be arbitrary. This is not a fit case, for grant of leave to appeal.
5. For the foregoing reasons, we do not find any merit in this petition which is hereby dismissed and the leave to appeal is refused according. N.H.Q./S-24/S Leave refused.