Ch. AMEER MUHAMMAD KHAN vs The STATE Case No — 1970 SCMR 283

Citation: 1970 SCMR 283

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-11-07

Parties: Ch. AMEER MUHAMMAD KHAN vs The STATE

Headnotes

Result: Leave refused Judgment ORDER MUHAMMAD YAQUB ALI, J.-The petitioner who is charged along with others under- sections, 302/307, 148/149 and 448/382, P. Has been refused bail before arrest by the High Court.

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Sajjad Ahmad Jan, Muhammad Yaqub Ali Khan Title: Ch. AMEER MUHAMMAD KHAN vs The STATE Case No.: Petition for Special Leave to Appeal No. 256 of 1969 Date of Judgment:1969-11-07 Reported As: 1970 SCMR 283 Result: Leave refused Judgment ORDER MUHAMMAD YAQUB ALI, J.-The petitioner who is charged along with others under- sections, 302/307, 148/149 and 448/382, P. P. C. Has been refused bail before arrest by the High Court. The petitioner was allegedly armed with a gun and fired a shot which hit Fateh Muhammad, .P. W. It was urged in the High Court that he was falsely implicated to disable him from prosecuting the defence on behalf of his son and brother who are co-accused in the case. It was further claimed that the petitioner was in Pindigheb at the time of the incident. An affidavit by one Sardar Ali, Member, District Council, Campbellpur, was filed in support of the averment. The learned fudge in 'the High Court thought it premature to make an assessment of the pleas raised in defence. The petitioner was charged the F. I. R., and attributed a specific part in the assault. No ground for enlarging him on bail was, therefore, made out. We concur in the view adopted by the learned Judge and would add that as warrants for the arrest of the petitioner having been already issued the application for bail before arrest was manifestly misconceived. The petitioner has surrendered himself in Court. The petition for leave to appeal…

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