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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: MUMTAZ ALI KHAN VS Respondent: STATEHonorable Justice Muhammad Afzal Zullah
1988 S C M R 240
1988 S C M R 240
Present: Muhammad Afzal Zullah and Mian Burhanuddin Khan, JJ
MUMTAZ ALI KHAN--Petitioner
versus
THE STATE--Respondent
Criminal Petition No. 66-R of 1987, decided on 29th November, 1987.
(On appeal from the order of the Lahore High Court, Lahore, dated 29-4-87, in Cr. Misc. No.1096/B/87.
Criminal Procedure Code (V of 1898)--
--S.497--Bail--No ground made out for grant of bail before Supreme Court--Petitioner's counsel stating that complainant the alleged eye witness, had made a statement after impugned decision of High Court and that scope might be left for the petitioner repeating application for bail--Petitioner, if so advised might file fresh application for bail after complainant's statement was recorded by Trial Court--Remarks in impugned judgment regarding capacity of said eye-witness to see the occurrence and other questions relating to merits should not influence Trial Court or any other Court.
Ijaz Hussain Batalvi, Senior Advocate Supreme Court with M.A. Zafar, Advocate Supreme Court for Petitioner.
Rao M. Yosuf Khan, Advocate-on-Record for the State.
ORDER MUHAMMAD AFZAL ZULLAH, J.--Heard. No ground has been made out for grant of bail by this Court at this stage. The petition is, therefore, dismissed.
Learned counsel states that Muhammad Sharif complainant the alleged eye-witness has made a statement after the decision of the High Court impugned in this petition and that the scope may be left for the petitioner repeating the application for bail.
If so advised the petitioner may file fresh application for bail after Muhammad Sharif's statement is recorded by the trial Court.
It is further observed that the remarks in the impugned judgment regarding the capacity of Sharif P.W. to see the occurrence and other questions relating to the merits, shall not influence the trial Court or any other Court.
S . Q . / M-261 / S Petition dismissed.