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Petitioner: MUHAMMAD BASHIR VS Respondent: THE STATE
Court Name: Supreme Court of Pakistan Judge(s): Saad Saood Jan, Syed Usman Ali Shah Title: MUHAMMAD BASHIR vs THE STATE Case No.: Criminal Petition for Special Leave to Appeal No, 204 of 1989 Date of Judgment:1989-09-18 Reported As: 1990 SCMR 298 Result: Petition dismissed
Judgment ORDER USMAN ALI SHAH, J.--Muhammad Bashir petitioner alongwith one Muhammad Shafi were tried by the learned Magistrate Ist Class, Sheikhupura under section 379/411, P.P.C. During the trial the petitioner moved an application under section 249-A, Cr.P.C. On which no decision was given by the trial Magistrate. The petitioner then moved another application to the Sessions Judge for the transfer of his case to some Court which was dismissed. In the presence of the witnesses before the trial Magistrate, the petitioner submitted that he was going to take oath on the Holy Quran regarding his innocence in the said case but the Magistrate disclosed that he would accept the statements of P.Ws. Instead of the petitioner's oath on the Holy Qur'an. The petitioner then filed Cr. Misc. No, 125 of 1989 before the Lahore High Court which was dismissed vide order dated 27-6-1989. Hence this petition for leave to appeal by the petitioner. After hearing the learned counsel for the petitioner in support of this petition we are satisfied that no good ground for the transfer of the case was advanced by him for the consideration of this Court. Therefore, we dismiss this petition and refuse leave to appeal.