REHMAT ULLAH Alias REHMAN vs THE STATE AND Another — 1970 SCMR 299

Citation: 1970 SCMR 299

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-01-16

Parties: REHMAT ULLAH Alias REHMAN vs THE STATE AND Another

Headnotes

Case cited as 1970 SCMR 299

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Mujibur Rahman Khan, Sajjad Ahmad Jan Title: REHMAT ULLAH Alias REHMAN vs THE STATE AND Another Case No.: Criminal Appeal No. 137 of 1969 Date of Judgment:1970-01-16 Reported As: 1970 SCMR 299 Result: Appeal allowed JUDGMENT JUDGMENT SAJJAD AHMAD, J.-Rehmat Ullah, the appellant herein, and his co-accused Karam Ilahi are being prosecuted for causing the death of one Mst. Fatima. According to the prosecution ease, the two accused armed with guns ascended the roof of their house from where Karam Ilahi fired a shot at Bakhsha who was sitting in his ihata along with other people. The shot missed Bakhsha but hit the deceased, Mst. Fatima, on her shoulder and caused her death. Rehmat Ullah moved the learned Sessions Judge, Sargodha, for his bail which was allowed on the ground, as appears from the order, that his vicarious liability for causing the death of Mst. Fatima was not clear. Thereafter, an application under section 497(5), Cr. P. C. Was moved in the High Court for cancellation of Rehmat Ullah's bail which has been accepted by a learned Single Judge by his order dated the 12th of December 1966. It is stated in this order that although three successive investigating officers have found Rehmat Ullah to be innocent, yet as their opinion is not legal evidence and the charge against Rehmat Ullah is one of murder, bail can--not be allowed to him except in exceptional and special circum--stances. Ad interim bail…

Read the full judgment on Al Wakeelo — Pakistan's AI-powered legal research platform.