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Petition for Special Leave to Appeal No. 5 of 1968, decided on 30th January 1968:
(On appeal from the judgment and order of the High Court of West Pakistan, Bahawalpur Circuit, Baghdadul Jadid, dated the 25th November, 1967 in Criminal Miscellaneous No. 406 of 1967 (BWP).
----Commitment proceeding‑All evidence practically concluded‑High Court in circumstance refusing bail to accused but directing Magistrate to conclude committal proceedings within 3 weeks‑High Courts order unexceptionable‑Special Leave to Appeal refused by Supreme Court‑Criminal Procedure Code (V of 1898), S. 498.
Niaz M. Siddiqui, Advocate Supreme Court instructed by S. Inayat Hussain, Attorney for Petitioners.
Nemo for the State.
Date of hearing: 30th January 1968.
The petitioners are accused of having participated in a murder with rioting. Their bail applications have been dismissed by the High Court and this is a petition on their behalf for special leave to appeal.
The case is under enquiry before a Committing Magistrate, it appears that on the 17th June, 1967, the learned Magistrate granted bail to petitioners Manzoor and Illahi Bakhsh but on an application made by the State, the bail was cancelled on the 18th July 1967. It further appears that all the evidence has practically been concluded in the enquiry court and only the Investigating Officer remains to be examined. In these circumstances the learned Single Judge declined to grant bail to the petitioners, leaving it to the Committing Magistrate to decide within three weeks of his order whether to commit the accused to the Sessions or not.
We have heard Mr. Niaz M. Siddiqi in support of the petition for special leave to appeal. In our opinion no exception can be taken to the order passed by the, High Court. No special features have been pointed out which would justify grant of bail to the petitioners at this stage.
'The petition is dismissed
Petition dismissed
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