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1989 SCMR 2046

Mst. RASHID BEGUM vs ABDUR RASHID

Citation1989 SCMR 2046
CourtSupreme Court of Pakistan
Case No.Criminal Petition No, 78-R of 1989
Date1989-06-21
Judge(s)Ghulam Mujaddid Mirza, Muhammad Afzal Zullah
ResultLeave granted

ORDER

' MUHAMMAD AFZAL ZULLAH, J.--The petitioner submitted a miscellaneous application before this Court complaining that her son, an army employee, was on leave when he was murdered on account of some motive relating to her daughter-in-law. With this brief narrative the applicant complained that Abdur Rashid accused was released on bail as a result whereof she apprehended that her daughter-in-law might be abducted enticed and further that she and her relations are under fear of the harm from the accused. A copy of an order passed by the High Court releasing Adur Rashid accused in this case, was also filed with this miscellaneous application.

2. The Court by relaxing the rules treated the aforenoted application as petition for leave to appeal.

It has accordingly come up for hearing in presence of the applicant/petitioner for herself and Mr. M.

Akhtar Additional Advocate-General assisted by Mr. Abdul Samad Hashmi, Advocate Supreme Court, has appeared for the State.

3. After hearing the learned Additional Advocate-General who supported the plea for cancellation of bail we consider it a fit case to examine; whether, the order dated 3-12-1988 passed by the High Court releasing Abdur Rashid respondent on bail in facts and circumstances of this case, satisfies the well established practice of the Superior Courts regarding release on bail of accused involved in cases of murder. Accordingly, leave to appeal is granted against the order of the High Court.

Non-bailable warrants shall issue against Abdur Rashid respondent for appearance in this Court.

The police record shall be summoned that it is available at the time of hearing of the appeal which shall be fixed as soon as possible.

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