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Petition for Special Leave to Appeal No. 11-1 of 1968, decided on 19th April 1968.
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 21st March 1968, in Criminal Miscellaneous No. 5359 of 1967).
S. 497-Person charged with offences under Ss. 380, 420 & 468, P. P. C. refused bail-Question whether there were reasonable grounds for believing that he was guilty of offence punishable with transportation for life ----Special leave to appeal granted by Supreme Court.
Gul Muhammad Khan, Advocate Supreme Court instructed by Tanvir Ahmad, Attorney for Petitioner.
Ghulam Mohyuddin, Advocate Supreme Court instructed by Abdul Karim, Attorney for the State.
Date of hearing: 19th April 1968.
The petitioner is charged with the commission of offences under sections 380, 381, 420, 467 and 468, P. P. C. The other co-accused have been granted bail, but the case of the petitioner has been distinguished by the Courts below on the ground that he alone stands to benefit by the removal of certain documents from the judicial file of the Senior Civil Judge, Gujranwala, and their substitution by fabricated documents.
The petitioner has been in custody for more than six months while the investigation is being conducted by the C. I. A. No evidence has been so far collected by the Investigating agency which tends to connect the petitioner directly with the aforesaid offences. It is also by no means established at this stage that he was likely to benefit by the disappearance of the documents in question. On the contrary it is pointed out that it was the petitioner who first moved the Senior Civil Judge regarding the disappearance of those documents. A question, therefore, arises whether reasonable grounds appear within section 497, Cr. P. C., for believing that the petitioner has been guilty of an offence punishable with transportation for life.
Leave to appeal is granted. Interim bail is allowed- to the satisfaction of the Additional District Magistrate, Gujranwala.
Leave granted.
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