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versus


In cross-section 7497 and 8498 cross-examination, the bailiff denied the request for special leave of appeal, which was approved in one case under which the persons involved in the other case were allowed as well as the constitution of Pakistan ( 1962), Article 58 (3)

1968 S C M R 1388

Present : Fazle‑Akbar, C. J. and Sajjad Ahmad, J

Haji MUHAMMAD KHAN AND ANOTHER‑Petitioners

versus

THE STATE‑Respondent

Petition for Special Leave to Appeal No. 336 of 1967, decided on 20th June 1968.

(On appeal from the order of the High Court of West Pakistan, Karachi Bench, dated the 18th December 1967, in Bail Application No. 360 of 1967).

Criminal Procedure Code (V of 1898)---

--

Ss. 497 & 498‑Cross‑cases‑Bail refused‑Petition for Special Leave to. Appeal granted in one case Leave granted to persons involved in second case as well‑Constitution of Pakistan (1962), Art. 58 (3).

M. Ilyas Khan, Advocate Supreme Court instructed by Ch. M. Zakriya Khalil, Attorney for Petitioners.

Nemo for the State.

Date of hearing : 20th June 1968.

ORDER

SAJJAD AHMAD, J.

‑It is pointed out by the learned counsel for the petitioners that leave to appeal has been granted by a Bench of this Court on the 26th of February 1968, in Petition for Special Leave to Appeal No. 335 of 1967, filed by the opponents of the petitioners against the order of the learned Single Judge in which he had refused bail to them on the same considerations which has weighed with him in the present case in refusing bail to the petitioners.

We allow this petition also and grant ]cave to appeal. Both the appeals shall be heard together. Interim bail allowed to the petitioners by our learned brother Yaqub Ali J., on the 28th of December 1967, is hereby confirmed.

Leave granted.

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