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2004 SCMR 709

SHAMRAIZ vs THE STATE and another

Petitioner: SHAMRAIZ VS Respondent: THE STATE and another

Court: Supreme Court of Pakistan Decision Date: 2002-12-04

Full Judgment Text & Judicial Ruling

Court Name: Supreme Court of Pakistan Judge(s): Sh. Riaz Ahmad, Karamat Nazir Bhandari Title: SHAMRAIZ vs THE STATE and another Case No.: Criminal Petition No,186-L of 2002 Date of Judgment:2002-12-04 Reported As: 2004 SCMR 709 Result: Petition dismissed

Judgment ORDER ' SH. RIAZ AHMAD, C.J.---Leave to appeal is sought against the judgment and order dated 12-2- 2002 whereby learned Single Judge of the Lahore High Court cancelled the bail of the petitioner arising from a criminal case vide F.I.R. No,360 of 1999 registered on 21-10-1999 under sections 302, 109, 148, 149, P.P.C. At Police Station Danga Tehsil Kharian District Gujrat. In this occurrence two persons were murdered. The petitioner has been named in the Learned counsel appearing in support of this petition argued that the High Court without going through the record has wrongly cancelled the bail granted to the petitioner by the trial Court. The High Court while cancelling the bail took view that apart from the present case, the petitioner was involved in a number of cases including a case under section 13/20/65 of Arms Ordinance registered at Police Station Saddar Lalamusa. The firing of shots with Kalashnikov on the vital parts of both the deceased is specifically attributed to the petitioner, therefore, discretion exercised by the High Court in consonance with law and the principle laid down by this Court governing the same. ' We do not find any merit in this petition which is hereby dismissed and leave to appeal refused.

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