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Petition for Special Leave to Appeal No. 62 of 1968, decided on 7th March 1968.
(On appeal from the order of the High Court of West Pakistan, Lahore, dated the 22nd February 1968, in Criminal Miscellaneous No. 5705 of 1967).
S; 497(5)‑‑Cancellation of bail‑High Court exercising discretion property‑Special Leave to Appeal refused by Supreme Court.
A. Waheed Khawaja, Advocate Supreme Court instructed by Abdul Karim, Attorney for Petitioner.
Nemo for the State.
Date of hearing: 7th Match 1968.
. ‑This is a petition for special leave to appeal by Syed Mushtaqul Husnain from an order passed by a learned Single Judge of the High Court of West Pakistan, can celling the bail of the petitioner, which had been granted to him by the learned Sessions Judge, Sialkot.
The petitioner is being prosecuted on a murder charge and a commitment proceeding is pending in a Magistrate's Court. The learned Judge has observed in the course of the impugned order that the ground on which bail was allowed by the learned Sessions Judge did not exist, as he incorrectly assumed that the petitioner was aged about 65. A certified copy of the relevant birth entry was placed before the learned Judge from, which it appears that the petitioner was a little over 39 years of age. It was further marked that there was no special circumstances such as would justify bail in a murder case. ,
Mr. K. A. Waheed has been unable to show in what respect any question of principle was involved in this case. The learned Judge of the High Court appears to have exercised his discretion properly in the matter and no ground has been made out for grant of special leave to appeal. The petition is dismissed.
Leave refused.
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