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BAGH ALI versus STATE


The Criminal Code of Conduct (v. 1898), challenging the conviction under Section 307 of the request for review on Section 497 bail, was upheld by the PPC but the Special Court denied the interim bail because the appeal was denied. Because the bail was approved at such a stage, the Supreme Court refused. Held, not appropriate

1970 S C M R 291

Present : Muhammad Yaqub Ali and Sajjad Ahmad, JJ

BAGH ALI AND 3 OTHERS‑Petitioners

versus

THE STATE‑Respondent

Petition for Special Leave to Appeal No. 188 of 1969, decided on 27th October 1969.

(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 16th June 1969, in Cr. Misc. No. 750 of 1969).

Criminal Procedure Code (v of 1898), S.

497‑Bail‑Revision petition challenging conviction under S. 307, P. P. C. admitted by High Court but interim bail refused‑Petition for Special Leave to Appeal refused by Supreme Court as being ill‑conceived‑Grant of bail at such stage, held, not appropriate.

Gul Muhammad Khan, Advocate Supreme Court instructed by Tanveer Ahmad, Attorney for Petitioners.

Nemo for the State.

Date of hearing : 27th October 1969.

ORDER

MUHAMMAD YAQUB ALI, J.

‑A revision petition filed by the petitioners against their conviction and sentences of four years' rigorous imprisonment each under section 307, P. P. C. has been admitted by the High Court, but the prayer for interim bail refused from which they seek leave to appeal.

The petition is ill-conceived. So long as their convictions stand the petitioners can make no lawful grievance of their detention in jail. The grant of bail, at this stage, would, therefore, be inappropriate.

It is contended that in view of the accumulation of heavy arrears in the High Court the revision petition is not likely to be heard at an early date. In that case the petitioners should repeat their prayer for bail before, the High Court if inordinate delay takes place in the hearing of the revision petition.

The petition is dismissed.

Leave refused.

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