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Petition for Special Leave to Appeal No. 335 of 1967, decided on 26th February 1968.
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 22nd December 1967, in Criminal Bail Application No. 359 of 1967).
, Ss. 210 & 497--Question whether after order of commitment made under S. 2317 High Court ceases to have, jurisdiction to grant bail under S. 497-Special) cave to Appeal granted by Supreme Court.
Khalid M. Ishaq, Advocate, Supreme Court (absent) instructed by M. Siddiq, Senior Attorney for Petitioners.
Nemo for the State.
Date of hearing: 26th February 1968.
. Necessary facts appear in the order dated the 28th December 1967, by which interim bail was granted to the petitioners committed to stand trial under section 307, P: P. C. Relying on the decision of this Court in Muhammad Aslam v. The State (P L D 1967 S C 539 ) a learned Judge in the High Court has refused bail to the petitioners on the view that after an order of commitment has been made under section 210 of the Code of Criminal Procedure, the High Court ceases to have jurisdiction to grant bail under section 497. It is contended that the view formed by the learned Judge is not warranted by the decision in Muhammad Aslam v. The State. The petitioner raise a substantial question of law as to the interpretation of section 497, Cr. P. C. W e grant leave to appeal. The interim bail is confirmed.
Leave granted.
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