Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: KHIZAR HAYAT VS Respondent: STATE
1988 S C M R 831
1988 S C M R 831
Present: Shafiur Rehman, Ali Hussain Qazilbash and S.Usman Ali Shah, JJ
KHIZAR HAYAT and another‑‑Petitioners
versus
THE STATE‑‑Respondent
Criminal Appeal No.3 and Criminal Petition No.27 of 1988, decided on 31st January, 1988.
(Against the Judgment and order of the Lahore High Court, Lahore, dated 18‑1‑1988 in Criminal Miscellaneous No.4029‑B of 1987).
Criminal Procedure Code (V of 1898)‑‑
‑‑S.497‑‑Constitution of Pakistan (1973), Art.185(3)‑‑Penal Code (XLV of 1860), Ss.302/34‑‑Bail‑‑Prima facie encounter of accused and deceased not planned and implication of accused in crime appearing to be a question fit for further inquiry with regard to their guilt‑ Accused admitted to bail in circumstances.
Mehar Ghulam Ali Mubashar, Advocate Supreme Court instructed by Ch. Mehdi Khan Mehtab, Advocate‑on‑Record (absent) for Petitioners.
M.Nawaz Abbasi, Assistant Advocate‑General Punjab and Rao M.Yousuf Khan, Advocate‑on‑Record for the State.
Date of hearing: 31st January, 1988.
ORDER
SHAFIUR RAHMAN, J.‑‑The two petitioners alongwith one Zawar Hussain, are charged for the murder of Mst.Manzooran on 28‑2‑1987. The actual firing was done by Zawar Hussain. Subs, petitioner is stated to have raised a lalkara. The other petitioner is charged for his presence in the company of the two while armed with a gun.
Prima facie the encounter of the petitioners and the deceased was not planned and the enmity existed between Zawar and Mst. Manzooran. The implication of the two petitioners in the crime is, therefore, a question fit for further inquiry with regard to their guilt.
Their petition is converted into an appeal. The learned Assistant Advocate‑General has been heard in the matter. The petitioner are admitted to bail in the sum of Rs.20,000 each with two sureties in the like amount to the satisfaction of the A.C.Chiniot.
M . Y . H . / K‑44/ S Bail granted