MOHAMMAD SHAFI vs MOHAMMAD SIDDIQUE — 1968 SCMR 1388

Citation: 1968 SCMR 1388

Court: Lahore High Court

Year: 1970

Decision Date: 1970-04-24

Parties: MOHAMMAD SHAFI vs MOHAMMAD SIDDIQUE

Headnotes

Case cited as 1968 SCMR 1388

Judgment Text

Court Name: Lahore High Court Judge(s): Shoukat Ali Title: MOHAMMAD SHAFI vs MOHAMMAD SIDDIQUE Case No.: Criminal Miscellaneous No. 2195 of 1970 Date of Judgment:1970-04-24 Reported As: 1971 P Cr. L J 596 Result: bail granted Judgment ORDER Muhammad Shafi has put in this petition under section 497(5), Cr. P. C., praying this Court that the bail granted to Muhammad Siddique by the Special Railway Magistrate, by his order dated 25th February 1970, be cancelled and he be committed to judicial custody. 2. The facts are these: On 12th of February 1970, a case under section 307/326, P. P. C.,was registered against the respondent at Police Station Naulakha, Lahore, at the instance of Muhammad Rafi, brother of victim Muhammad Shafi, wherein he stated that the respondent who was armed with a knife struck a knife blow on the left eye of Muhammad Shafi and had completely destroyed his eye-ball. The respondent was arrested but was bailed out by the learned Special Railway Magistrate, who passed the following order :- "Heard. The prosecution has failed to produce the papers. It is stated that there is no injury of serious nature. Participa--tion of the accused is open to question. Therefore Mohammad Siddique accused be released on furnishing security in Rs. 5,000." 3. In response to the notice Mr. Nawazish Ali, Advocate, has appeared along with the respondent. He argued that the petitioner had approached this Court without invoking the jurisdiction of the Court of Session. He further…

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