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2002 SCMR 1876

RAZZAQ AHMED vs THE STATE

Citation2002 SCMR 1876
CourtSupreme Court of Pakistan
Case No.Criminal Petition No,634-L of 2001 Criminal Miscellaneous No,2904-B of
Judge(s)Faqir Muhammad Khokhar, Khalil-ur-Rehman Ramday, Munir A. Sheikh
ResultPetition dismissed

' MUNIR A. SHEIKH, J.---The petitioner was granted bail by the learned Additional Sessions Judge, Daska vide order dated 17-3-2001, in a case registered through F.I.R. No, 24 of 2001 under sections 324/452/148/149, P.P.C. The occurrence took place at night. According to the complainant the assailants had muffled their faces. Therefore, he did not mention the name of any person but in his statements made after the recording of F.I.R. He named the present petitioner who had caused injury to Muhammad Siddique whose kidney was damaged. The learned Additional Session Judge, granted bail on the ground that in the F.I.R. Name of the petitioner had not been mentioned and that he was behind the bar and that supplementary statement made by the complainant seemed to be inadmissible.

2. Learned Judge of the High Court on the application made by the complainant cancelled the said bail granted to the petitioner through the impugned judgment dated 21-6-2001 against which leave is sought.

3. We find that the learned Additional Sessions Judge while granting bail did not correctly follow the principles laid down by superior Courts regarding grant of bail in a case falling in the prohibitory clause of A section 497, Cr.P.C. No, ground has been made out to interfere with the well reasoned discretionary order of the High Court.

4. For the foregoing reasons, this petition has no merits which is accordingly dismissed and leave refused.

Cited by 2 cases

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