MOHAMMAD ASHRAF vs The STATE — 1971 SCMR 183

Citation: 1971 SCMR 183

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: MOHAMMAD ASHRAF vs The STATE

Headnotes

Case cited as 1971 SCMR 183

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Hamoodur Rahman, Muhammad Yaqub Ali Khan Title: MOHAMMAD ASHRAF vs The STATE Case No.:Criminal Appeal No. 87 of 1970 Criminal Appeal No. 47 of 1970 Criminal JUDGMENT Reported As: 1971 SCMR 183 Result: Appeal dismissed Judgment JUDGMENT SALAHUDDIN AHMED, J.-This appeal is from the order of the then High Court of West Pakistan, Lahore, granting bail to three convicts and refusing bail to the other three convicts including the appellant herein, pending the hearing of the appeal by the 6 persons against their convictions under section 302/148/307/149 of the Pakistan Penal Code and sentences of transportation for life. This Court granted leave to appeal to consider the question on what basis the High Court distinguished the case of the appellant from the other convicts. Mr. Abdur Rahman, learned Advocate appearing on behalf of the appellant, has contended that inasmuch as the trial has been vitiated on account of the fact that part of the evidence was recorded by one Sessions Judge and part of that by another Sessions Judge, who ultimately convicted and sentenced the accused persons, the trial is bad beyond repair and the appellant, therefore, should have been granted bail by the High Court. He has further contended that no important role was assigned to the appellant in the First Information Report and that there is hardly anything to distinguish the case of the appellant from his co-convicts who were granted…

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