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Petition for Special Leave to Appeal No. 199 of 1968, decided on 28th June 1968.
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated 26‑4‑1968, in Criminal Miscel laneous No. 912 of 1968).
S. 3 and Criminal Procedure Code (Y of 1898), S. 498‑Criminal case referred to Tribunal under Act VII of 1963‑High Court thereafter, whether competent to grant bail‑Special Leave to Appeal granted by Supreme Court.
Raja Afrasiab Khan, Advocate Supreme Court instructed by Sh. Masood Akhtar, Attorney for Petitioner.
NeMo for Respondents.
Date of hearing : 28th June 1968.
It is submitted by the learned counsel that this case was referred to a Jirga by the Commissioner, Multan Division, for trial under the West Pakistan Criminal Law (Amendment) Act by his order dated the 27th February 1968, and the case having thus gone in a different jurisdiction, beyond the ambit of the High Court, the order of the learned Single Judge granting bail to the respondent, on the 26th of April 1968, was wholly without jurisdiction.
The question requires consideration whether the order of the learned Single Judge granting bail to the respondent in the circumstances was competently made. Leave to appeal is granted. The respondent however will remain on bail for the present, as allowed to him by the learned Single Judge in the High Court.
Leave granted.
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