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Petition for Special Leave to Appeal No. 134 of 1974, decided on 10th May, 1974.
(On appeal from the judgment and order of the Lahore High Court, dated the 8th March 1974, in Criminal Miscellaneous No. 560/B of 1974).
---S. 498‑Ball‑Petitioner's bail application before High Court on ground of no witness having attributed anything incriminating to him dismissed by High Court on ground of one witness having incriminated him in crime‑Case having been committed to Sessions Court for trial, proper course for petitioner, held, was to move Sessions Court for bail and Sessions Judge would not be influenced by observation made by High Court.
Sardar Sami Hayat, Advocate Supreme Court instructed by Tanvir Ahmad, Advocate‑on‑Record for Petitioner.
Nemo for the State.
Date of hearing : 10th May 1974.
.‑The petitioner has been committed under section 302, P. P. C. for the murder of Khurshid by Mr. Shaukat Ali. Magistrate at Class, Lahore, by order dated the 9th April 1974. The petitioner moved an application for bail on the ground that nine of the prosecution witnesses examined by the learned Inquiry Magistrate, has supported the prosecution case and no one has attributed anything incriminating to him. A learned Single Judge of the Lahore High Court, by order dated the 8th March 1974, has dismissed this application. After going through the evidence, he observed that Tayyab Khan P. W. 3, has named the petitioner and bas incriminated him in the crime The petitioner seeks permission to file an appeal against the said order.
Sardar Sami Hayat, learned counsel for the petitioner, has admitted that the petitioner has been committed for standing, trial before the Session Court in these circumstances, the proper course for the petitioner is to move the Sessions Court for bail. If any such application is moved by the petitioner, the learned Sessions Judge will not De influenced by the observation made by the High Court, in the above‑mentioned petition.
Subject to this remark, the petition is dismissed.
Petition dismissed.
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