Syed ALI HUSSAIN SHAH vs SHAMASUDDIN AND ANOTHERs — 1971 PCRLJ 703

Citation: 1971 PCRLJ 703

Court: Lahore High Court

Year: 1971

Decision Date: 1971-01-11

Parties: Syed ALI HUSSAIN SHAH vs SHAMASUDDIN AND ANOTHERs

Headnotes

Case cited as 1971 PCRLJ 703

Judgment Text

Court Name: Lahore High Court Judge(s): Maulvi Mushtaq Hussain Title: Syed ALI HUSSAIN SHAH vs SHAMASUDDIN AND ANOTHERs Case No.: Criminal Miscellaneous No. 1289 of 1970 Criminal Appeal No. 136 of 1969 Date of Judgment:1971-01-11 Reported As: 1971 P Cr. L J 703 Result: Application allowed Judgment ORDER Shamas-ud-Din and Shahab-ud-Din respondents, who were sent up along with Boota, Lal Din, Ramzan and Zulfiqar, under section 302 read with sections 149 and 342 read with section 34 of the Pakistan Penal Code, for the murder and wrongful confine--ment of one Mehboob Hussain, applied for bail before the learned Sessions Judge, Sahiwal. Their application was disallowed. Thereafter, the respondents approached this Court for grant of bail, by preferring Criminal Miscellaneous; Petition No. 656 of 1970. They were admitted to bail by me vide order dated 12th February 1970. Dissatisfied with my order, Syed Ali Hussain Shah, has preferred the instant petition for the cancellation of their bail. 2. The facts of the case briefly are, that Mehboob Hussain deceased, who was mentally unsound used to roam about in the village. On the; night between the 9th and 10th of May 1969, aforesaid Boota, Lal Din, Ramzan and Zulfiqar wrongfully confined him in a korha at Chah Baghwala. He was tied with an iron chain. It is said that the aforesaid persons along with Shamas-ud-Din and Shahab-ud-Din respondents who were armed with sotas, inflicted injuries on the person of the deceased as a result…

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