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1969 S C M R 78
Present : Fazle‑Akbar, C. J. and Sajjad Ahmad, J
MUHAMMAD ASHRAF AND OTHERS‑Petitioners
versus
THE STATE‑Respondent
Petition for Special Leave to Appeal No. 200 of 1968, decided on 28th June 1968.
(On appeal from the order of the High Court of West Pakistan, Lahore, dated the 20th May 1968, in Criminal Miscellaneous No. 1 of 1968 in Criminal Appeal No. 335 of 1968).
---S. 497 and Penal Code (XLV of 1860), S. 307‑Appeal to High Court by accused against their conviction‑High Court while admitting appeal observing "case may be found to befalling within Ss. 323 & 324, P. P, C." but at same time refusing bail pending appeal‑Order rejecting bail, held, could not be said to have not been properly made Special Leave to Appeal refused by Supreme Court.
M. S. Baqir, Advocate Supreme Court instructed by Raja Abdul Razzaque, Attorney for Petitioners.
Nemo for the State.
Date of hearing : 28th June 1968.
The petitioners have been convicted and sentenced under sections 307/34 and 342/34 of the Pakistan Penal Code by a Magistrate. The High Court while admitting their appeal refused to grant them bail, They now seek special leave to appeal against the order of the High Court.
The learned counsel attempted to argue that the learned Single Judge in refusing bail did not exercise his discretion in a judicial and proper manner. According to him, their convictions under section 307/34 were not proper and, as pointed out by the learned Single Judge, may by found to fall under sections 323 and 324 of the Pakistan Penal Code.
In our opinion, no ground can be, made out at this stage for grant of bail. The Magistrate has already convicted them under section 307/34. It has yet to be considered by the appellate Court if their offences would fall under sections 323 and 324 of the Pakistan Penal Code. The above observation of the learned Single Judge cannot be regarded a finding as to the nature of offence committed by these petitioners. It cannot be said at this stage that no reasonable ground exists for holding that they are not guilty of the offences with which they were charged.
We are, therefore, unable to accept the contention that the order rejecting bail was not properly made.
This petition is dismissed.
Leave refused.
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