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Petition for Special Leave to Appeal No. 221 of 1968, decided on 9th October 1968.
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 5th July 1968, in Criminal Miscellaneous No. 3410 of 1968).
S. 497‑Bail successively refused by High Court‑Inquiry before committing Court almost nearing completion‑Bail, in circumstances refused by Supreme Court as well.
M. S. Baqir, Advocate Supreme Court instructed by Abdul Razzaq, Attorney for Petitioner.
Nemo for the State.
Date of hearing : 9th October 1968.
The petitioner is facing an inquiry on a murder charge. His first application for bail was dismissed by the High Court on the 12th of April 1968. This was followed by a second application jointly moved by him and two of his co‑accused namely Sardara and Aish. Bail was allowed to the two last‑mentioned but refused to the petitioner and it was expressly stated in the order that the prayer for his bail was not pressed.
It seems that the bail granted to Sardara and Aish mentioned above, inspired a third application by the petitioner on the ground that the prosecution case against him being identically the same as against Sardara and Aish, he should like them, to be released on bail. The High Court has once again rejected this application.
The learned counsel for the petitioner tried to comment on the evidence and circumstances of the prosecution case to prove the petitioner's innocence in order to earn a bail order from us. We are afraid we cannot at this stage be drawn into a controversy about the merits of the prosecution case to determine the guilt or innocence of the petitioner. Since the inquiry is almost complete it is for the inquiry Court to make further orders in the case either of commitment or discharge or any other incidental order on its determination of the merits of the case in accordance with law.
We dismiss this petition.
Petition dismissed.
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