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1996 SCMR 929

Malik ANJUM FAROOQ PIRACHA vs Ch. MUHAMMAD ASIF and another

Citation1996 SCMR 929
CourtSupreme Court of Pakistan
Case No.Criminal Petition No. 53 of 1994
Date1994-12-20
Judge(s)Sajjad Ali Shah, Zia Mahmood Mirza, Muhammad Munir Khan
ResultLeave refused

ORDER

1. SAJJAD ALI SHAH, C.J.---Petitioner is complainant and seeks cancellation of bail granted to respondent Chaudry Muhammad Asif by the High Court vide order dated 11-4-1994 on medical ground that he is suffering from heart trouble. According to 'the prosecution case, respondent Chaudhry Muhammad Asif is facing trial for offence under section 324/148/149, P.P.C. In which section 302, P.P.C. Was subsequently added when injured Altaf Hussain died. Allegation against the respondent is that he caused fire-arm injury to prosecution witnesses Muhammad Siddique, which was subsequently declared by the doctor to be simple in nature. Certificate of Professor Dr. Shehryar Ahmed Sheikh of Punjab Institute of Cardiology, Lahore was produced showing that respondent was suffering from Ischamic Heart Disease Angina Pectoris as shown by Angiography and E.T.T. Test. Respondent had remained in custody for about 2-1/2 years. High Court was impressed by the fact that conclusion of trial was not within sight as the counsel for the complainant did not attend the hearing in the trial Court, which was fixed for four days continuously. High Court has exercised its discretion inthe grant of bail which appears to be justifiable with which no interference is warranted of this Court. In the result leave is refused and the petition is dismissed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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