Pakistan Case Lawโ† Search
1983 P Cr. L J 75

Sheikh REHMAN vs The STATE

Citation1983 P Cr. L J 75
CourtLahore High Court
Case No.Criminal Miscellaneous No. 2497/B of 1982
Date1982-10-15
Judge(s)Shamim Hussain Qadri
ResultBail granted

The petitioner alongwith his co-accused Muhammad Din and Noor Muhammad is accused of an offence under section 307/34, P. P. C. Regist--ered at Police Station Isakhel on 27th May, 1982. They were granted bail by the trial Court on 5th July, 1982. The learned Additional Ses--sions Judge cancelled the bail of the present petitioner on 29th August, 1982. Hence this petition.

2. Mian Qurban Sadiq Ikram, learned counsel for the petitioner, submitted that there is a cross-case in which two of the co-accused were injured. Muhammad Din has received nine simple and blunt injuries, Fida Muhammad eight simple and blunt injuries and one Shamas Din, who is not an accused person, has received four injuries out of which two are caused with a sharp-edged weapon. The cross case has been registered. The petitioner is a Railway employee and plea of alibi was also raised before the two Courts below.

3. Learned Assistant Advocate-General vehemently argued that the petitioner may not be granted bail since both the grievous injuries caused to Saleh Muhammad, one on his back and the other on his flank, are attribut--ed to him and the cross case was registered 24 days thereafter. He that as it may, the registration of a case is the function of the police and in case they,, have done so after 24 days, it is no-fault of the petitioner. Obviously this is a case of further inquiry and in this situation, the cancellation of petitio--ner's bail by the learned Additional Sessions Judge was not proper. I would, therefore, grant bail to the petitioner provided he furnishes security in the sum of Rs. 5,000 (Rupees five thousand) with two sureties, each in the like amount, to the satisfaction of A. C., Isakhel.

For educational and research use only โ€” not legal advice. Verify against the official report before relying on it. See our Disclaimer.
DisclaimerยทPrivacyยทTermsยทSearch