1978 PLP 202 (SCMR)
FAQIR MUHAMMAD-Petitioner Versus AKBAR ETc.-Respondents
| Citation | 1978 PLP 202 (SCMR) |
| Forum / Court | ---Art. 185(3)-Leave to appeal-High Court not appearing to have exercised discretion improperly on facts and in circumstances of case, detailed examination of case at leave to a stage refused to be embarked upon.-Leave to Appeal. |
| Bench Members | N/A |
| Parties | FAQIR MUHAMMAD-Petitioner Versus AKBAR ETc.-Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1978 PLP 202 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1978 PLP 202 (SCMR)?
The case was heard and decided by the ---Art. 185(3)-Leave to appeal-High Court not appearing to have exercised discretion improperly on facts and in circumstances of case, detailed examination of case at leave to a stage refused to be embarked upon.-Leave to Appeal. bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1978 PLP 202 (SCMR) (FAQIR MUHAMMAD-Petitioner Versus AKBAR ETc.-Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- S. A. Saeed, Advocate Supreme Court Instructed by C. M Aslam Advocate-on-Record for Petitioner.
- Sh. Nasim Hassan, Advocate Supreme Court instructed by S. Wajid Hussain, Advocate -on-Record for Respondents.
- S. A. Saeed, Advocate Supreme Court Instructed by C. M Aslam Advocate‑on-Record for Petitioner.
- Sh. Nasim Hassan, Advocate Supreme Court instructed by S. Wajid Hussain, Advocate ‑on‑Record for Respondents.
- Iftikhar, Advocate Supreme Court instructed by Sh. Ijaz Ali Advocate-on‑Record for the State.
Headnotes / Summary
(On appeal from the judgment and order of the Lahore High Court. dated 24th August 1977 in Cr. Misc. No. 1 of 1977E in Cr. A. No. 702 of 1977).
Art. 185(3)-Leave to appeal-High Court not appearing to have exercised discretion improperly on facts and in circumstances of case, detailed examination of case at leave to a stage refused to be embarked upon.-[Leave to Appeal.] Iftikhar, Advocate Supreme Court instructed by Sh. Ijaz Ali Advocate-on-Record for the State. Date of herring : 21st February 1978.
Judgment & Decree
ANWARUL HAQ, C J.
This is a petition for leave to appeal against the order of the Lahore High Court dated the 24th August,1977, whereby the sentences of life imprisonment awarded to the respondents herein by the Additional Sessions Judge, Sahiwal, were suspended, subject to their furnish ing bail in the sum of Rs. 20,000 with one surety each in the like amount to the satisfaction of the Assistant Commissioner, Sahiwal. The main reason given by the High Court is that the plea of self‑defence needed examination in view of the fairly large number of injuries sustained by the aide of the accused, which had not been explained by the prosecution. Mr. S. A. Steed, the learned counsel for the petitioner, submits that the plea of self‑defence stands negatived by the fact that bloodstained earth war recovered from the land of the deceased, thus clearly indicating that the accused were the aggressors. He contends that the trial Court had given good reasons for recording a conviction under section 302, P. P. C. We do not think it proper to embark upon a detailed examination of the case at this stage. Suffice it to say that the learned Judge in the High Court does not appear to have exercised his discretion improperly in the facts and circumstances of the case. The petition, accordingly, fails and is hereby dismissed. Petition dismissed.