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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: MUHAMMAD SHAFIQ VS Respondent: MUHAMMAD MIR KHAN and 3 others
Court Name: Peshawar High Court Judge(s): Abdur Rauf Khan Lughmani Title: MUHAMMAD SHAFIQ vs MUHAMMAD MIR KHAN and 3 others Case No.: Criminal Miscellaneous Bail Cancellation Petition No,155 of 2003 Date of Judgment:2003-10-17 Reported As: 2004 P C R L J 968 Result: Bail cancelled.
JUDGMENT
JUDGMENT ' Cancellation of to respondents, namely, Muhammad Mir Khan, Shafiq-ur-Rehman and Sher Zaman in case F.I.R. No,29, dated 12-2-2003 of Police Station Naurang under section 302/34, P.P.C. Is sought mainly on the ground that the learned Sessions Judge, Lakki, has granted bail to the respondents without notice to the complainant. 2. Perusal of the record does support the grievance of the petitioner. It is by now well-settled that in murder/hurt cases notice is to be given to the aggrieved/complainant party even at bail stage. Long ago in case of Abdur Rahim v. Khan Faraz and others dated 6-4-2002, the by the same Sessions Judge, Lakki was cancelled on the ground that notice was not given to the complainant and injured party. It appears that the learned Sessions Judge is still following his own notion and has turned blind eye to the settled proposition of law. The to the respondents is hereby recalled and the bail application submitted by them is entrusted to the learned Additional Sessions Judge, Lakki Marwat, where the learned counsel for both the parties undertake to appear on 25-10-2003 and after hearing either side should decide the case in accordance with law. The application stands accepted. Bail cancelled.
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