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Criminal Petition for Special Leave to Appeal No. 75 of 1970, decided on 22nd April 1970.
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 10th March 1970, in Criminal Miscellaneous No. 1351 of 1970).
------S. 498‑Bail‑Accused committed to Sessions Court for trial‑Proper course for being released on bail to move Sessions Court and thereafter High Court and finally Supreme Court if necessary‑Supreme Court declined to Interfere when no such steps taken.
Syed Ahmad Saeed Kirmani, Advocate Supreme Court instructed by Rana Maqbool Ahmad Qadri, Advocate‑on‑Record for Petitioners.
Nemo for the State.
Date of hearing : 20th April 1970.
‑It is conceded by the learned counsel for the petitioners that commitment proceedings have been finished and the petitioners have been committed to Sessions Court for trial. The proper course, therefore, for the petitioners is to move the Sessions Judge concerned for deciding the question whether on the evidence produced by the prosecution, the petitioners are entitled to be released on bail. It is after the matter is decided by the Sessions Court that the petitioners should move the High Court and if necessary to this Court, for the redress of their grievances. At this stage there is no ground to interfere with the impugned order. The petition is dismissed.
Leave refused.
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