RAFAT ALI vs The STATE — 1971 SCMR 62

Citation: 1971 SCMR 62

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: RAFAT ALI vs The STATE

Headnotes

Case cited as 1971 SCMR 62

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Hamoodur Rahman, Muhammad Yaqub Ali Khan Title: RAFAT ALI vs The STATE Case No.:Criminal Miscellaneous Application No. 9 of 1970 Petition for Special Leave JUDGMENT Reported As: 1971 SCMR 62 Result: Petition dismissed Judgment JUDGMENT HAMOODUR RAHMAN, C. J.-The petitioner in this case, along with 12 others, is an accused in a criminal case started -in respect of offences under sections 302/149, 148 and 452 of the Pakistan penal Code in respect of an incident which is alleged to have taken place on the 24th of May 1968. He applied for bail before the Additional Sessions Judge, Karachi, who released all the 13 accused on bail, even though this was a case in which double murder was alleged to have been committed. The High Court, on the application of the father of one of the deceased, treated the matter as a suo motu revision and came to the conclusion that the Additional Sessions Judge had granted bail without consider--ing the weight of the prosecution case against each of the accused. The High Court, accordingly, directed the Additional Sessions Judge to re-examine the question of grant of bail of each accused separately except in the case of the present petitioner whose bail was cancelled by it on the following grounds :- (a) that he had abused the grant of bail by actually threaten--ing and assaulting the prosecution witnesses who had deposed against him, and (b) that he had been guilty of tampering with…

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