GUL NAWAZ Alias GUL MOWAZ AND 2 Others vs THS STATE — 1970 SCMR 667

Citation: 1970 SCMR 667

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-03-02

Parties: GUL NAWAZ Alias GUL MOWAZ AND 2 Others vs THS STATE

Headnotes

Case cited as 1970 SCMR 667

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Sajjad Ahmad Jan Title: GUL NAWAZ Alias GUL MOWAZ AND 2 Others vs THS STATE Case No.: Petition for Special Leave to Appeal No. 38 of 1970 Date of Judgment:1970-03-02 Reported As: 1970 SCMR 667 Result: Petition dismissed JUDGMENT JUDGMENT HAMOODUR RAHMAN, C. J.-This is a petition for special leave to appeal from an order of a learned Single. Judge of the High Court of West Pakistan, Lahore, dismissing in limine a petition under section 498 of the Criminal Procedure Code for bail before arrest. The petitioners have been accused of offences under sections 307 and 325 read with section 34 of the Pakistan Penal Code and the case is still in the investigation stage, for, no challan has yet been put in. It appears that after the registration of the case they applied to the Sessions Judge, Mianwali for bail. They were granted interim bail but ultimately this was not confirmed and they were taken under arrest. On 30-6-1969 they again approached the Ilaqa Magistrate who granted the bail on 10th July 1969. The complainant applied to the Sessions Judge for cancellation of this bail. This application was allowed on the 26th September 1969 and the petitioners were directed to be taken under arrest. The petitioners then moved the High Court but another learned Judge rejected their petition holding that they were not entitled to bail as they had inflicted as many as 46 injuries on the person of the victim with lathis and out…

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