1981 PLP 394 (SCMR)
SHAUKAT MANZOOR-Petitioner Versus THE STATE Respondent
| Citation | 1981 PLP 394 (SCMR) |
| Forum / Court | High Court |
| Bench Members | N/A |
| Parties | SHAUKAT MANZOOR-Petitioner Versus THE STATE Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1981 PLP 394 (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 1981 PLP 394 (SCMR)?
The case was heard and decided by the High Court bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1981 PLP 394 (SCMR) (SHAUKAT MANZOOR-Petitioner Versus THE STATE Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Muhammad Farooq, Advocate Supreme Court and Sh.Abdul Karim, Advocate- on-Record for Petitioner.
- Date of hearing : 13th July, 1978.
Headnotes / Summary
(On appeal from the order dated 21-5-1978 of the Lahore High Court passed in Cr. Mist. No. 480/B of 1978). -- S. 497/498-Bail-High Court after elaborate discussion of all relevant factors reaching conclusion of petitioner being not entitled to bail and such view not held in arbitrary or perverse exercise of discre tion--Fatal shot attributed to petitioner and premature at leave to appeal stage to go into aspects urged on behalf of petitioner-Petition dismissed. Nemo for the State.
Judgment & Decree
NASIM HASAN SHAH, J: This petition for leave to appeal is directed against the order of the Lahore High Court refusing, to admit the petitioner to bail in a case under sections 302, 307, 148 and 149, P. P. C., registered at Police Station, Sadar, Wazirabad, dated 19-10-1974. According to the First Informa tion Report the petitioner is stated to be armed with a rifle and the fatal shot has been attributed to him. The petitioner submits that of the several persons accused in the F. I. R. Manzoor Hussain, Sardara, Allah Ditta and Allah Rakha had been allowed bail. Manzoor Hussain was placed in Column No. 2 of challan by the Police after he led evidence to prove his alibi before the Investigating Officer. The prosecution case is, therefore, belied and so far as the petitioner is concerned, it is a case of further inquiry, entitling him to the grant of bail. It is also submitted that the injuries mentioned in the post-mortem report are not consistent with the description of injuries given in the F. I. R. Besides according to the F. I. R., two persons are said to be armed with rifles, whereas only one rifle was recovered. It is finally submitted that the petitioner has been in the judicial lock-up and his trial is not expected to start very soon. We have considered these submissions, but are not inclined to interfere. The learned Judge in the High Court, after elaborate discussion of all the relevant factors, reached the conclusion that the petitioner was not entitled to bail and it cannot be said that in doing so he exercised his discretion arbitrarily or perversely. The fatal shot has been attributed to the ' petitioner and it would be premature to go into the aspects which the learned counsel for the petitioner has urged before us. This petition, therefore, fails and is dismissed. Petition .dismissed.