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Petition for Special Leave to Appeal No. K‑32 of 1974, decided on 4th September 1974.

(On appeal from the judgment and order of the High Court of Sind & Baluchistan, Karachi, dated the 22nd April 1974, in Criminal %9iscellaneous Application No. 89 of 1974).

-----Art. 199‑Writ jurisdiction‑Question whether plea of alibi set up by accused respondents in proceedings for bail true or not‑Can on1v be gone into at trial of case‑Writ stage‑Not proper for deciding question.

Azizullah Shaikh, Advocate instructed by M. I. Memon, Advocate‑on- Record for Petitioner.

Nemo for Respondents.

Date of hearing : 4th September 1974.

.‑The respondents Nos. I and 2 were challaned in the Court of Civil Judge and First Class Magistrate, Khairpur Nathan Shah, in August 1972, for committing the murders of Ghulam Qadir, Gul Hassan, Khuda Dad, Gaulam Hussain and kewro, relation of the petitioner. The respondents made an application for bail before the Sessions Judge, Dadu the learned Court by order dated the 25th September 1973, granted bail to the respondents an the ground that the respondents were admitted in Liaquat Medical College Hospital at Hyderabad from 4th August 1973 to 10th and 11th August 1973, as indoor patients. The learned Sessions Judge relied on discharge slip issued from the hospital to the respondents. The petitioner challenged the order of bail before the learned Session Judge and prayed for the cancellation of bail granted to the respondents. This application was rejected by the learned Sessions Judge on tile 30m November 1973. The matter was taken to the High Court of Sind & Baluchistan, Karachi and a learned Single Judge of the said High Court dismissed the Criminal Application No. 89 of 1974 by order crated the 22nd April 1974. The petitioner seeks permission to file an appeal against the said order.

Mr. Azizullah Shaikh learned counsel for the petitioner, has contended that the plea of alibi set up by the respondents is false and should not have been made the basis of granting them bail. He submitted that a report was called from Civil Surgeon, Dadu whether one of the respondents had been admitted in the hospital at Dadu. In his report, the Civil Surgeon, Dadu informed the learned Judge that respondent Saleh was admitted in the said hospital on the 5th August 1973, and left the hospital on the 8th August 1973, without informing the hospital authorities. The learned counsel vehemently argued drat. this report is in conflict with the discharge slip issued to respondent Saleh from Liaquat Medical College Hospital. We have considered the contention of the learned counsel. In our opinion, the question whether the plea of alibi set up by the respondents is true or riot can only be gone into at the trial of the case. This is not the stage for deciding this question. In these circumstances, the High Court was perfectly justified in not interfering with the order granting the respondents bail. We do not consider this as fit case for interference. The petition is dismissed.

Petition dismissed.

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