MUHAMMAD NAWAZ Alias NAWAZA AND Another vs Mst. SAKINA AND — 1971 SCMR 374

Citation: 1971 SCMR 374

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: MUHAMMAD NAWAZ Alias NAWAZA AND Another vs Mst. SAKINA AND Another

Headnotes

Case cited as 1971 SCMR 374

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Muhammad Yaqub Ali Title:MUHAMMAD NAWAZ Alias NAWAZA AND Another vs Mst. SAKINA AND Another Case No.:Petition for Special Leave to Appeal No. 70 of 1971 Petitions Nos. 7561 and 7872 of 1970 Date of Judgment:- Reported As: 1971 SCMR 374 Result: Leave refused Judgment ORDER MUHAMMAD YAQUB ALI, J.-The petitioners are being tried in the Court of the Resident Magistrate, Depalpur. Under section 326/34, P. P. C. On the accusation that they had on the 10th March 1970, cut the nose and pig-tail of Mst. Sakina, complainant, in the area of Hujra Shah Muqim. The trial Magistrate granted them bail by two separate orders dated the 31st March 197J and 14th April 1970. Both the orders were set aside by a learned Single Judge of the High Court on the application of Mst. Sakina, but after examining three eye-witnesses the trial Magistrate again allowed them bail on 4-8-1970 on the ground that they had not supported the prosecution case and Mst. Sakina the only other eye-witness was not present though she lived in the same village wherefrom the other P. Ws. Had come. It was concluded that she was purposely avoiding appearance to prolong the detention of the petitioners in judicial custody. Mst. Sakina who was, in fact, undergoing treatment in Hospital on 4-8-1970 and was discharged later on, thereupon moved the High Court for cancellation of the bail on the ground that they were threatening to kill her. Keeping in view the…

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