MUHAMMAD SHARIF vs MUHAMMAD ASHRAF AND ANOTHER — 1971 PLD 316

Citation: 1971 PLD 316

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-02-18

Parties: MUHAMMAD SHARIF vs MUHAMMAD ASHRAF AND ANOTHER

Headnotes

Case cited as PLD 1971 Supreme Court 316

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Sajjad Ahmad Jan, Muhammad Yaqub Ali Khan Title: MUHAMMAD SHARIF vs MUHAMMAD ASHRAF AND ANOTHER Case No.: Petition for Special Leave to Appeal No, 40 of 1971 Date of Judgment:1971-02-18 Reported As: PLD 1971 Supreme Court 316 Result: Leave refused Judgment ORDER MUHAMMAD YAQUB Ali, J.--The petitioner seeks leave to appeal from the order of a learned Single Judge of the High Court, Lahore, refusing to cancel the bail granted by him earlier to Muhammad Ashraf, respondent, charged along with others under sections 302, 307 read with sections 148 and 149, P. P. C. The respondent first applied for bail in the High Court being Cr. Misc. No, 2435 of 1970 which was dismissed by another learned Judge on 3-6-1970. On 14-11-1970 the respondents filed a fresh petition for bail being Cr. Misc. No, 8143 of 1970 which was accepted on 3rd December 1970, and bail was granted to respondent No, 1 as he had allegedly raised only a lalkara and had taken no part in the assault on the deceased and his companions. Muhammad Sharif, the private complainant instead of approaching the Court against the order granting bail moved the High Court on 14-12-1970 for cancellation of bail inter alia on the ground that the respondent No, 1 was armed with a balam and had caused injuries with it to the petitioner as well as his uncle Dossa, P. W. After causing these injuries he gave a lalkara at which Nazra, co- accused, fired at Bakhsha, deceased,…

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