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NIZAM DIN versus THE STATE


Section 302 and Criminal Procedure (V9 1898), Section 497 High Court denies bail of the accused in light of the provisions contained in Section 497, Special leave of the PC to appeal against the High Court order, the Supreme Court Denied

1968 P Cr. L J 1686(I)

[Supreme Court]

Present: Fazal-e-Akbar and Muhammad Yaqub Ali, JJ

IJAZ ALI KHAN‑Petitioner

Versus

THE STATE‑Respondent

Criminal Petition for Special Leave to Appeal No. 135 of 1968, decided on 23rd May 1968.

(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 25th March 1968, in Criminal Miscellaneous No. 737 of 1968).

Penal Code (XLV of 1860),

S. 302 and Criminal Procedure Code (V of 1898), S. 497‑--High Court refusing bail to accused in light of provisions contained in S. 497, Cr. P. C.‑--Special leave to appeal against order of High Court‑Refused by Supreme Court.

Iftikhar Ali Sheikh, Advocate Supreme Court instructed by Masood Akhtar Sheikh, Attorney for Petitioner.

Nemo for the State.

Date of hearing: 23rd May 1968.

ORDER

MUHAMMAD YAQUB ALI, J.‑

The petitioner who is charged with the offence of murder has been refused bail by the. Courts below from which he now seeks leave to‑ appeal.

On examining the facts appearing in the order of the learned Judge in the High Court we are inclined to the view that the conditions laid down in section 497, Cr. P. C., for refusing bail to the petitioner were amply fulfilled in this case.

The petition is dismissed.

Leave refused.

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