1976 PLP 328 (SCMR)
SHAD MUHAMMAD ‑Appellant Versus MANZAR HAMEED AND ANOTHER ‑Respondents
| Citation | 1976 PLP 328 (SCMR) |
| Forum / Court | ‑‑‑ S. 498 read with Constitution of Pakistan (1973). Art. 187~Bails Murder case ‑‑Accused petitioner absconding for two years but ultimately surrendering himself Bail sought on ground of his educated man and belonging to a respectable family Failure to surrender for two years explained as being due to his absence pa tour in Chitral for hits business but nature of business not disclosed‑Genuineness of excuse‑Not convincing‑Bail held toot appropriate at stage when appeals ready for hearing.‑‑Bail. |
| Bench Members | N/A |
| Parties | SHAD MUHAMMAD ‑Appellant Versus MANZAR HAMEED AND ANOTHER ‑Respondents |
Q1: What are the key laws and sections cited in 1976 PLP 328 (SCMR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1976 PLP 328 (SCMR)?
The case was heard and decided by the ‑‑‑ S. 498 read with Constitution of Pakistan (1973). Art. 187~Bails Murder case ‑‑Accused petitioner absconding for two years but ultimately surrendering himself Bail sought on ground of his educated man and belonging to a respectable family Failure to surrender for two years explained as being due to his absence pa tour in Chitral for hits business but nature of business not disclosed‑Genuineness of excuse‑Not convincing‑Bail held toot appropriate at stage when appeals ready for hearing.‑‑Bail. bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1976 PLP 328 (SCMR) (SHAD MUHAMMAD ‑Appellant Versus MANZAR HAMEED AND ANOTHER ‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Amirzads Khan, Advocate‑on‑Record for Appellant in (C. A. No. I‑P of 1975).
- Nur Ahmad Khan. Advocate‑on‑Record for Appellant in (C. A. No. 2‑P of 1975).
- M. Qasim Imam, Advocate‑on‑Record for Respondent No. 1.
- Noor Ahmad Khan, Advocate‑on‑Record for Respondent No. 2.
Judgment & Decree
HAMOODUR RAHMAN, C. J.‑This is a petition for the grant of bail by the respondent, Manzar Hameed, who was tried, along with one, Raz Mohammad under section 302/34, P. P. C. for having caused the death of one, Zarshad, on the 27th August, 1970 in the area of Bazar New Sarfaraz Ganj, Mardan, and was convicted and sentenced to death but his co‑accused was acquitted On appeal and reference, however, the Peshawar High Court acquitted him also. Against the said acquittal, both the State as well as the son of the murdered person came to this Court for special leave to appeal. This Court granted leave on the 24th April, 1973, and directed the issuance of a note‑bailable warrant for the arrest of the said respondent, Manzar Hameed. He was not arrested for two years and it appears that he ultimately surrendered himself on the 1st June, 1975, and is now lodged in the District Jail, Mardan. This petition has been filed on his behalf, within a few days of his surrender. to be enlarged ors bail. The only ground of bail is that he is an educated person and belongs to a respectable family in Mardan. He has tried to explain his failure to surrender for nearly two years by saying that he was on tour in Chitral in connection with his business without disclosing as to what that business was, We are not convinced of the genuineness of this excuse but without making any adverse comments, we do not think that bail should be granted at this stage when the appeals are ready for hearing. It will be sufficient to direct that the appeals should " posted for hearing as soon as possible on the re‑opening of the Court after the long vacation. Subject to this, application for bail is rejected. Application rejected.