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ABDULLAH ALIAS DULLA versus THE STATE


Criminal Code of Conduct (CCPC) Section 497 Appeal pending bail pleads to the Supreme Court Grounds that if requested in support of a request for bail, it will move to a breach of appeal.

1968 P Cr. L J 418

[Supreme Court]

Present: Hamoodur Rahman and Muhammad Yaqub Ali, JJ

MEHRAJ DIN‑Petitioner

versus

MUHAMMAD SHARIF AND OTHERS‑Respondents

Criminal Petition for Special Leave to Appeal No. 142 of 1966, decided on 18th December 1967.

(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 12th May 1966, in Criminal Revision No. 502 of 1964.)

Criminal Procedure Code (V of 1898)------

---

S. 497‑Bail application pending appeal to Supreme Court‑Grounds urged in support of application for bail going into merits of acquittal appeal‑Supreme Court would not, for obvious reasons, examine such grounds --Application for bail dismissed.

‑‑Amjad Khan, Advocate Supreme Court instructed by Inayat Hussain, Attorney for Petitioner.

Nazir Ahmad Khan, Senior Advocate Supreme Court instructed by Muhammad Nazar Khan, Senior Attorney for Respondents Nos. 1‑5.

Sheikh Bashir Ahmad, Additional Advocate‑General (Nemat Khan, Advocate Supreme Court with him) instructed by Ijaz Ali Attorney for the State.

Date of hearing: 18th December 1967.

ORDER

MUHAMMAD YAQUB ALI, J.‑

The grounds urged in support of the application for bail go to the merits of the acquittal appeal. For obvious reasons we are not prepared to examine those grounds at this stage. The application for bail on behalf of Latif and Shaukat Ali respondents is dismissed, but Muhammad Sharif, respondent, is allowed to remain on parole already granted to him by the Borstal Jail authorities.

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