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1987 SCMR 683

MUHAMMAD AZEEM ALIAS MUHAMMAD AZIM VS STATE

Petitioner: MUHAMMAD AZEEM ALIAS MUHAMMAD AZIM VS Respondent: STATE

Court: Supreme Court of Pakistan

Full Judgment Text & Judicial Ruling

1987 S C M R 683

1987 S C M R 683

Present: Aslam Riaz Hussain, S. A. Nusrat and Saad Saood Jan, JJ

MUHAMMAD AZEEM alias MUHAMMAD AZIM and 2 others‑‑Petitioners

Versus

THE STATE‑‑Respondent

Criminal Petition No.16 of 1987, decided on 15th February, 1987.

(On appeal from the judgment and order of the Lahore High Court Multan Bench dated 15‑12‑1986, passed in Criminal Miscellaneous No. 1068/B of 1986).

Criminal Procedure Code (V of 1888)‑

‑‑‑S. 497‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑Penal Code (XLV of 1860), S. 364‑A‑‑Bail‑‑Findings of High Court in refusing bail to petitioner charged with offence punishable under S. 364‑A, Penal Code, found to be unexceptionable‑‑Petition for leave to appeal dismissed.

S. Muhammad Ali Zaidi, Advocate Supreme Court instructed by S. Abul Aasim Jafri,

Advocate‑on‑Record for Petitioners.

Nemo for the State.

Date of hearing: 15th February, 1987.

JUDGMENT

S.A. NUSRAT, J.‑‑The petitioners who are charged with an offence punishable under section 364‑A, P.P.C. approached the High Court for grant of bail which was dismissed and they have now come up to this Court seeking leave to appeal.

2. According to the F.I.R. lodged in the case a minor child aged 7 months was abducted by the petitioners from the lap of her mother Mst. Shenaz when she was in the premises of the Lahore High Court Multan Bench. This fact was brought to the notice of the High Court whereupon Moulvi Imam Bakhsh was directed to return the child to her mother. As the order was not complied with, the High Court directed S.P. Leiah to recover the child but in vain. Hence a case was registered against the petitioners on the directions of the High Court.

3. We heard the learned counsel and have gone through the impugned judgment. The findings of the learned High Court in the facts and circumstances of the case are unexceptionable. The petition merits no consideration and is dismissed.

S. Q./M‑41/S Petition dismissed.

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