AMIR KHAN vs The STATE Case No — 1970 SCMR 789

Citation: 1970 SCMR 789

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Parties: AMIR KHAN vs The STATE

Headnotes

Result: Petition dismissed Judgment JUDGMENT M. KHAN, J.-This petition for special leave is directed against the order of a learned Single Judge of the High Court of West Pakistan, Lahore, by which he recalled his earlier order granting interim bail to the petitioner.

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Mujibur Rahman Khan Title: AMIR KHAN vs The STATE Case No.:Criminal Miscellaneous No. 2141 of 1970 Petition for Special Leave to Appeal JUDGMENT Reported As: 1970 SCMR 789 Result: Petition dismissed Judgment JUDGMENT M. R. KHAN, J.-This petition for special leave is directed against the order of a learned Single Judge of the High Court of West Pakistan, Lahore, by which he recalled his earlier order granting interim bail to the petitioner. One Abdul Karim Khan lodged an F. I. R. At Police Station, Sadar Mianwali, on the 8th January 1970, at 6-30 p.m., alleging that five accused persons armed with fire-arms came to the shop of Habibullah. Of them, Sardar Khan fired with a -12 bore gun at Abdul Rauf (deceased) who was then present in that shop. It was further alleged that the remaining four accused including the present petitioner Amir Khan raised lalkara and also fired. The petitioner applied to the High Court for anticipatory bail, but the prayer was refused by a learned Single Judge. The relevant portion of this order refusing anticipatory bail runs thus .- "---------.I have gone through the first information report with the help of the learned counsel and I find, that the petitioner at the time of the occurrence was armed with a rifle and his companions with guns and rifles. In the circumstances, whether he fired at the deceased or his companions fired at him, make no difference. The case relied upon by…

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