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Criminal Appeal No. 35 of 1968, decided on 19th June 1968.
(On appeal from the order of the High Court of West Pakistan, Lahore, dated the 10th February 1967, in Criminal Miscellaneous Case No. 469 of 1967).
‑Appeal to Supreme Court against order of High Court rejecting application for bail before arrest‑Supreme Court pending appeal having granted interim bail refused cancellation in view of facts and circumstances of case by accepting appeal and setting aside order of High Court‑Criminal Procedure Code (V of 1898), S. 498.
Dr. Javed Iqbal Advocate. Supreme Court instructed by Kh. Mushtaq Ahmad, Senior Attorney [Supreme Court for Appellants.
Mian Aslam Riaz Hussain, Assistant Advocate‑General West Pakistan Lahore instructed by Ijaz Ali, Attorney Supreme Court for the State.
Date of hearing : 19th June 1968.
This appeal is from an order of a learned Single Judge of the High Court of West Pakistan at Lahore, refusing bail before arrest to the appellants. A case under' section 6 of the West Pakistan Foodstuffs (Control) Act, 1958, was registered against the appellants at Police Station, Gulberg, Lyallpur. The allegations against them were that they had contravened the Government's instructions for mixing 50 % : 50% indigenous and imported wheat issued under section 3 of the Act and therefore were guilty of an offence punishable under section 6 of the said Act. They applied for bail before arrest which was rejected by a Single Judge of the High Court of West Pakistan at Lahore and the order runs as follows :
"This is an application for bail before arrest. The allegation against the petitioners is that they supplied adulterated wheat flour, which is a serious matter in these days of wheat shortage. Dismissed."
Leave to appeal was granted as it was thought that the High Court had refused bail under a mis‑conception.
Learned Assistant Advocate‑General has rightly pointed out that .a person convicted under section 6 of the said Act is liable to imprisonment for a term which may extend to three years or with fine or with both and therefore the offence is a non‑bailable one under Schedule 11 to the Code of Criminal Procedure. The learned counsel has also stated that a challan under section 6 has been submitted and the case against the appellants is now pending in the Court of Mr. Mehr Muhammad Shah, Magistrate 1st Class, Lyallpur.
The appellants are on bail under orders of this Court and we find no reason in the facts and the circumstances of this case to cancel the bail already granted. We therefore accept the appeal. The order of the learned Single Judge in the High Court is set aside. The appellants will continue on the bail granted by this Court till the disposal of the case against them unless the trial Court for good and sufficient reasons considers it necessary to cancel the same.
Appeal accepted.
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