JAN MUHAMMAD vs The STATE — 1971 SCMR 351

Citation: 1971 SCMR 351

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-04-09

Parties: JAN MUHAMMAD vs The STATE

Headnotes

Case cited as 1971 SCMR 351

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Hamoodur Rahman Title: JAN MUHAMMAD vs The STATE Case No.: Petition for Special Leave to Appeal No. 82 of 1971 Date of Judgment:1970-04-09 Reported As: 1971 SCMR 351 Result: Leave refused JUDGMENT JUDGMENT HAMOODUR RAHMAN, C. J.-The petitioner was challaned along with 8 others for offences under sections 302/325/148/149 of the Pakistan Penal Code for the murder of one, Talib Hussain. Two of the co-accused were granted bail before arrest by the High Court but bail was refused to the remaining seven, including the petitioner. Out of these only the petitioner again went up to the High Court for bail before arrest. During the pendency of the application in the High Court the case was committed for trial to the Sessions Court. The High Court rejected the application after observing that according to the prosecution witnesses the petitioner had beer: charged with having struck one blow on the head of the deceased which proved to be fatal. If this is proved to be correct and the petitioner is convicted by the trial Court, then he would be liable for an offence punishable with death or transportation for life. Learned counsel appearing in support of this petition contends that the decision of this Court in the case of Mohd. Shafiq v. Mohd. Hanif (1970 SCMR 143) needs reconsideration, for, the Courts below are misinterpreting the decision and refusing bail without consi--dering as to whether there are reasonable…

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