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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: FAZAL ELAHI VS Respondent: TAJ MUHAMMAD
1988 S C M R 1848
1988 S C M R 1848
Present: Muhammad Afzal Zullah and Abdul Kadir Shaikh, JJ
FAZAL ELAHI‑‑Petitioner
versus
TAJ MUHAMMAD and others‑‑Respondents
Criminal Petition No.61‑R of 1988, decided on 19th June,1988.
(On appeal from the judgment and order of the Peshawar High Court, Peshawar dated 4‑6‑1988 in Criminal Miscellaneous No.261 of 1988).
Criminal Procedure Code (V of 1898)‑‑
‑‑‑Ss.497 & 498‑‑Constitution of Pakistan (1973), Arts.185(3) & 189‑ Bail‑‑Need for further enquiry‑‑Conditions for grant of bail to absconder‑‑Leave to appeal granted inter alia to consider contention that no attention was paid by High Court to judgments of Supreme Court laying down the conditions regarding grant of bail to an absconder and requirements of S.497(2), Cr.P.C. vis‑a‑vis need for further enquiry.
Mian Shakirullah Jan, Advocate‑on‑Record for Petitioner. Saeed Beg, Advocate Supreme Court and Jan Muhammad Khan, Advocate‑on‑Record (absent) for Respondents Nos.l and 2.
Date of hearing: 19th June, 1988.
ORDER
MUHAMMAD AFZAL ZULLAH, J.‑‑The complainant side in a murder case has sought leave to appeal against the grant of bail to respondents 1 and 2 u/s1498 read with 497, Cr.P.C.
Learned counsel for the petitioner has inter alia contended that no attention has been paid by the High Court to the judgment of this Court laying down the conditions regarding grant of bail to an absconder and requirements of subsection (2) of section 497, Cr.P.C. vis‑a‑vis need for further enquiry'.
The argument has prima facie force. Leave is granted on these points and others raised in this petition.
Appeal to be prepared on the present record with direction to file all necessary documents.
M.I./F‑66. /S Leave granted.