Chaudhry MUHAMMAD KHAN vs SANAULLAH AND ANOTHER — 1971 PLD 324

Citation: 1971 PLD 324

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: Chaudhry MUHAMMAD KHAN vs SANAULLAH AND ANOTHER

Headnotes

Case cited as PLD 1971 Supreme Court 324

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Sajjad Ahmad Jan, Muhammad Yaqub Ali Khan Title: Chaudhry MUHAMMAD KHAN vs SANAULLAH AND ANOTHER Case No.:Criminal Appeal No, 9 of 1971 in Petition for Special Leave to Appeal No, 226 JUDGMENT Reported As: PLD 1971 Supreme Court 324 Result: Appeal accepted Judgment JUDGMENT MUHAMMAD YAQUB ALI, J.--The respondent No, 1 is -charged along with 19 other accused persons under sections 302, 307 and 456 read with sections 148 and 149, P. P. C. According to the F. I. R. the accused formed themselves into two batches. One batch including the respondent No, 1 climbed up the roof of the house of the complainant-appellant and fired indiscriminately at the women- folk of the house. The other batch of the accused fired at male members of the houshold who were lying on cots in the outer courtyard. As a result of the firing five persons were killed and Mst. Sabiran, P. W., was injured by gun-shots. Pending the inquiry under Chapter 18 of the Code of Criminal Procedure before a local Magistrate, the respondent No, 1 moved the Additional Sessions Judge for bail on the ground that he had produced evidence of alibi before the Investigating Officer and that there was inordinate delay on the part of the prosecution in the conduct of the inquiry. The application was dismissed by the Additional Sessions Judge who remarked that as the respondent No, 1 is an Assistant Sub-Inspector of Police, his release on bail was likely to…

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