Pakistan Case Law
1979 SCMR 525

Mst. CHANAN JAN vs MUHAMMAD SIDDIQ AND Another

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Citation1979 SCMR 525
CourtSupreme Court of Pakistan
Case No.Criminal Petition for Special Leave to Appeal No. 34-R of 1979 Criminal
Date1979-06-19
Judge(s)Muhammad Akram, Dorab Patel and G. Safdar Shah
Authored byG. Safdar Shah
ResultPetition dismissed
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This petition was filed against an order of the Lahore High Court, where a learned Single Judge granted bail to the respondent in a case involving charges under Section 302 of the Pakistan Penal Code and Section 13 of the Arms Act. The High Court's decision to grant bail was based on the finding that the respondent's case fell within the ambit of Section 497(2) of the Code of Criminal Procedure. The petitioner sought to challenge this bail order before the Supreme Court. After hearing the learned counsel for the petitioner and directing notice to the Advocate-General, Punjab, the Supreme Court considered the matter. The Supreme Court ultimately dismissed the petition, thereby upholding the Lahore High Court's decision to grant bail to the respondent under the specified provisions.

Questions settled in this judgment
  • Can bail be granted under Section 497(2) of the Code of Criminal Procedure in a case involving Section 302 of the Pakistan Penal Code and Section 13 of the Arms Act?
  • What is the scope of Section 497(2) of the Code of Criminal Procedure for granting bail?
  • Can a Supreme Court petition challenge a High Court order granting bail?
Laws & provisions referred
  • Section 302, Pakistan Penal Code
  • Section 13, Arms Act
  • Section 497(2), Code of Criminal Procedure
bailpost-arrest bailmurderArms ActSupreme CourtHigh Courtbail application

ORDER

1. G. SAFDAR SHAH, J.-This petition is directed against the order of the Lahore High Court, dated 8-5- 1.979, by which a learned Single Judge of that Court granted bail to the respondent in a case under section 302, P. P. C. And section 13 of the Arms Act on the ground that his case properly fell within four corners of section 497 (2) of the Code of Criminal Procedure. When the petition came up for hearing on 13-6-1979, the learned counsel for the petitioner was heard and thereafter it was directed that notice would go to A.-G. Punjab for 20-6-1979.

2. This petition, therefore, fails and is dismisses.

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