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1969 S C M R 80
Present : Hamoodur Rahman and Muhammad Yaqub Ali, JJ
GHULAM FARID AND ANOTHER‑Petitioners
versus
THE ‑ STATE‑Respondent
Petition for Special Leave to Appeal No. 293 of 1968, decided on 21st October 1968.
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 13th August 1968, in Criminal Miscellaneous No. 4202 of 1968).
---Ss. 497 & 498‑Accused committed to Court of Sessions for trial‑Commitment itself sufficient to show existence of a prima facie case against accused Bail, held, rightly refused by High Court.
Nazeer Ahmad Mahmood, Advocate Supreme Court instructed by Gulzar Hassan, Attorney for Petitioners.
Nemo for the State.
Date of hearing : 21st October 1968.
HAMOODUR RAHMAN, J.
‑This petition is barred by some 17 days and the only explanation for the delay is that due to the illness of the deponent's grandfather arrangements could not be made for preparing, necessary funds for the engagement of Counsel and Attorney. We are not at all satisfied that any legitimate ground has been made out for the condonation of delay. On the basis of a vague statement as to the illness of the grandfather which is not even supported by any medical certificate.
On merits also we see no substance in this petition. The petitioners had applied for bail under section 498 of the Criminal Procedure Code to the High Court of West Pakistan and a learned Single Judge had refused to grant bail on the ground that the petitioners had already been committed to the Court of Sessions on a charge of murder. The learned counsel has vehemently argued that mere committal is not by itself sufficient to make it appear to the Court that reasonable ground existed for believing that the petitioners had been guilty of an offence punishable with death or transportation for life within the meaning of section 497, Cr. P. C. We are unable to agree with this. Commitment is by itself sufficient to show that a prima facie case exists. In the circumstances we see no reason even on merits to interfere with this case.
This petition is accordingly, dismissed both on merits and on the ground that it is barred by time.
Leave refused.
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