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SAWAR KHAN versus THE STATE


Sentenced under section 302 of the Constitution of Pakistan 1962 Article 53 (3), the PPC High Court, while accepting the appeal, denying bail, requested special leave against the order denying the Supreme Court Panel Code (XLV of 1860), respectively. , Rejected by section 302. Code of Conduct (v. 1898), section 426

1969 P Cr. L J 415

[Supreme Court]

Present : Muhammad Yaqub Ali and Abdus Sattar, JJ

SAWAR KHAN AND ANOTHER‑Petitioners

Versus

THE STATE‑Respondent

Criminal Petition for Special Leave to Appeal No. 343 of 1968, decided on 13th December 1968.

(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 21st October 1968, in Criminal Appeal No. 656 of 1968).

Constitution of Pakistan (1962),

Art. 53(3)‑Conviction under S. 302, P. P. C.‑High Court, while admitting appeal, refusing bail‑Prayer for special leave to appeal against order refusing bail‑Summarily rejected by Supreme Court‑Penal Code (XLV of 1860), S. 302‑Criminal Procedure Code (V of 1898), S. 426.

Raja Muhammad Anwar, Senior Advocate Supreme Court (Raja Muhammad Akhtar, Advocate with him) instructed by Sh. Abdul Karim, Attorney for Petitioners.

Nemo for the State.

Date of hearing : 13th December 1968.

ORDER

ABDUS SATTAR, J.‑

The petitioners were convicted under section 302/34, P. P. C. and each of them was sentenced to transportation for life. Their appeal has been admitted by the High Court but the prayer for bail has been rejected. Hence this petition for leave to appeal.

We are surprised to find that it is expected that in a matter like this the Court would interfere in exercise of its special jurisdiction under Article 58 of the Constitution.

The petition is dismissed.

Leave refused.

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