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Criminal Appeal No. 55 of 1967, decided on 27th February 1968.
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 23rd December 1966, in Criminal Miscellaneous No. 4239 of 1966).
--- S. 496-Interim bail granted by Supreme Court-Commencement of trial before Magistrate thereafter-Nothing alleged against accused justifying cancellation of bail-Bail confirmed by Supreme Court with direc tion that Magistrate on finding prima facie case made out could cancel bail.
Raja Muhammad Akram and Iftikhar Ahmad Qazi, Advocates Supreme Court on record both absent. Abdul Karim, Attorney present in place of Wall Muhammad Khawaja, Senior Attorney on record for Appellant.
M. Aslam Riaz Hussain, Advocate Supreme Court instructed by Ijaz Ali Sheikh, Attorney for the State.
Date of hearing: 27th February 1968.
-Mr. Aslam Riaz Hussain appears for the State. He has brought it to our notice that the trial of the appellant has commenced before a Magistrate. Interim bail was granted to this appellant by order of this Court dated the 26th December 1966: Nothing has been alleged against hire to justify cancellation of the bail at this stage of the casa. He should, therefore, continue to remain on bail during his trial but it shall be open to the trial Magistrate to cancel his bail if at any stage of the case a prima facie case is found to exist against him justifying that course.
The appeal is, therefore, allowed with the above direction.
Appeal accepted.
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