Mst. FATEH BIBI vs KHIZAR HAYAT and others
This matter arose from a petition seeking the cancellation of bail granted to respondent No. 1. The petitioner's counsel pointed out a legal error in the impugned order of the Lahore High Court, wherein the learned Judge-in-Chamber observed that the offence under Section 302 of the Pakistan Penal Code 1860 carries a maximum sentence of imprisonment for life. The Supreme Court of Pakistan observed that this statement of law was incorrect and was likely made inadvertently by the High Court judge. Upon this clarification, the petitioner's counsel sought to withdraw the petition to approach the High Court for cancellation of bail on the grounds of misuse and abuse of the concession of bail by the respondent. Consequently, the Supreme Court disposed of the petition as withdrawn.
- Whether an observation that Section 302 of the Pakistan Penal Code 1860 carries a maximum sentence of imprisonment for life is legally correct?
- Can a petitioner withdraw a bail cancellation petition before the Supreme Court to file a fresh application before the High Court on grounds of misuse of bail?
- Section 302, Pakistan Penal Code 1860
ORDER
' ASIF SAEED KHAN KHOSA, J.---At the outset it has been pointed out by the learned counsel for the petitioner that in the impugned order dated 12-9-2014 the learned Judge-in-Chamber of the Lahore High Court, Lahore had observed that respondent No, 1 had been charged with an offence under section 302, P.P.C. Which carries a maximum sentence of imprisonment for life which observation, according to the learned counsel for the petitioner, is against the law. The relevant portion of the impugned order pointed out by the learned counsel for the petitioner indeed mentions that the offence with which respondent No, 1 has been charged, i,e, an offence under section 302, P.P.C., carries a maximum sentence of imprisonment for life. We find that the said observation made by the learned Judge-in-Chamber is clearly against the law but at the same time we feel that the said observation must have been made by the learned Judge-in-Chamber inadvertently.
2. Upon reconsideration the learned counsel for the petitioner wishes to withdraw this petition so as to advise the petitioner to approach the Lahore High Court, Lahore seeking cancellation of respondent No, 1 's bail on the stated ground of misuse and abuse of the concession of bail by him.
This petition is, therefore, disposed of as having been withdrawn.
Petition withdrawn. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.