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Petition for Special Leave to Appeal No. 326 of 1967, decided on 22nd December 1967.
(On appeal from the judgment and order of the High Court of West Pakistan, Karachi Bench, dated the 30th October 1967, in Criminal Bail Application No. 309 of 1967).
S. 497‑Bail‑Offence under S. 395, P. P. C.‑High Court declining bail for reasons that allegations against petitioner were serious and that application for bail should be filed after challan is presented‑Special leave to appeal to Supreme Court sought on ground that no challan had yet been presented in Court‑Proper course for petitioner, held, to approach High Court again‑Petition dismissed.
J. A. Pervez, Advocate Supreme Court instructed by M. B. Khizar Tamimi, Senior Attorney for Petitioner.
Nemo for the State.
Date of hearing: 22nd December 1967.
‑This is a petition by Mst. Ummal Bano seeking leave to appeal from an order passed by a learned Single Judge of the High Court of West Pakistan, declining to grant bail to her son Nazar Ali Shah who had been apparently arrested in a case under section 395 of the Pakistan Penal Code. The order in question merely was to the effect that the allegations made against the petitioner were serious in character and the applica tion for bail should be filed after the challan is presented so that the exact position about the evidence against the applicant may be known. This order was passed on the 30th October 1967, and Mr. J. A. Pervez, on behalf of the petitioner argued that no challan has yet been presented by the police in Court. Un fortunately in this case we have no material to go upon. The proper course for the petitioner would be to approach the High Court of West Pakistan again for bail, on the ground that the petitioner is detained in jail without the police being able to make up their mind about his prosecution. The learned counsel says that the petitioner is too poor to go to Karachi for the presentation of an application there. If so advised, the petition may be submitted to the learned Chief Justice of the High Court at Lahore.
The petition is dismissed.
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