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ABDUL MAJID AFRIDI vs State S — 2022 SCMR 676 SUPREME-COURT

Case information

Citation
2022 SCMR 676 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2022
Reporter
SCMR
Parties
ABDUL MAJID AFRIDI vs State S
Subject matter
Criminal
Provisions referred to
S. 497; S. 7---M; Penal Code (XLV of 1860); Anti-Terrorism Act (XXVII of 1997)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ABDUL MAJID AFRIDI VS State S. 497(5)---Constitution of Pakistan, Art. 185(3)---Penal Code (XLV of 1860), Ss. 302, 324, 148, 149, 109, 427, 353 & 34---Anti-Terrorism Act (XXVII of 1997), S. 7---Murderous assault resulting in death of a judge of the subordinate judiciary---Petition for pre-arrest bail filed directly before the High Court without first approaching the Sessions Court---Propriety---Held, that jurisdiction of the Sessions Court and the High Court was concurrent in nature---High Court while adjudicating the matter of pre-arrest bail had given cogent reasons especially when it was admitted that one of the deceased was himself a District and Sessions Judge, therefore, any order passed either way would have been considered prejudicial because of the reason that the deceased was member of the district judiciary---Even otherwise, the accused had not availed the remedy before the Session Court, which was available to him while agitating his grievance before the High Court, therefore, he lost one opportunity causing no prejudice to the complainant party---Petition for pre-arrest bail filed by the accused directly before the High Court was competent.

Other judgments reported in 2022 SCMR

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