Lawyers Directory Listing
Chat with us free on WhatsApp — tell us your city and legal matter and our team connects you with the right lawyer. No form, no fee.
Petition for Special Leave to Appeal No. 36 of 1976, decided on 5th February, 1976.
(On appeal from the judgment and order of the Lahore High Court, Lahore, dated 15‑1‑1975 in Cr. Misc. 5145/B/75).
--Art. 185(3) read with Criminal Procedure Code (V of 1898), Ss. 497 & 498‑Bail‑Petitioner's two other co‑accused already granted bail Petitioner, a student, in custody for about 16 months‑Bail allowed to petitioner‑appellant in view of inordinate delay coupled with other circumstances.
A.H. Najafi, Advocate Supreme Court instructed by S. Wajid Hussain, Advocate on‑Record (absent) for Petitioner.
M. Asif Jan, Assistant Advocate‑General (Punjab) for the State.
Date of hearing : 5th February, 1976.
The petitioner alongwith two others is an accused in a case under section 302/34, P. P. C.
The other two accused have since been granted bail. An application moved on his behalf for bail had been refused by the High Court vide order, dated 15‑1‑1976 against which he now seeks leave to appeal. During the argument, we decided to convert the petition into criminal appeal.
The appellant is a student of Third year and has been in custody for almost 16 months. The allegation against the appellant is that he fired the fatal shot which killed Muhammad Hayat deceased. But the petitioner's learned counsel pointed out that the crime empty recovered from the spot did not match the gun alleged to have been recovered from the appellant. Learned Assistant Advocate‑General did not question the above fact.
In view of the inordinate delay coupled with the other circumstances, we accept the appeal, allow bail to the appellant in the sum of Rs. 10,000 with one surety in the like amount to the satisfaction of A. C., Sargodha.
Bail granted.
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer