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Criminal Code of Conduct (v. 1898), revocation of section 497 bail petition for special leave appeal against the High Court order

1968 S C M R 1213

Present : Fazle‑Akbar and Muhammad Yaqub Ali, JJ

MUHAMMAD SADIQ‑-Petitioner

Versus

NUR MUHAMMAD AND 13 OTHERS --Respondents

Petition for Special Leave to Appeal No. 158 of 1968 decided on 22nd May 1968.

(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 5th March 1958, in Criminal Miscellaneous No. 977 of 1968).

Criminal Procedure Code (V of 1898),

S. 497‑Cancellation of bail‑Petition for Special Leave to Appeal against order of High Court refusing cancellation in circumstances of case‑Rejected by Supreme Court.

Saeed Hassan, Advocate Supreme Court instructed by M. Z. Khalil, Attorney for Petitioner

.

Nemo for Respondents.

Date of hearing : 22nd May 1968.

ORDER

MUHAMMAD YAQUB ALI, J.‑

The respondents charged with the offences under sections 148, 302/148 and 307/149, P. P. C. were allowed bail by the Sessions Judge pending their trial against which the petitioner moved the High Court on the ground that as reasonable grounds appeared on the record that the respondents have been guilty of an offence punishable with death or transportation for life, the Sessions Judge had, in allowing bail, acted in breach of the conditions laid down in section 497 of the Code of Criminal Procedure.

The bail was allowed by the Sessions Judge for the reason that the investigating officer in the report under section 173, Cr. P. C. did not find the respondents guilty and during the inquiry under Chapter XVIII they were allowed bail by the High Court and an application for cancellation of the bail was rejected. It further transpires that the trial of the respondents has been stayed by the High Court pending consideration of a revision petition as to the legality of the commitment order.

In the circumstances we find no reason to interfere with the impugned order of the High Court and dismiss the petition.

Leave refused.

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