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Petition for Special Leave to Appeal No. K‑1 of 1975, decided on 3rd March 1975.
(On appeal from the order of the High Court of Sind & Baluchistan, Karachi, dated 4‑1‑1975 in Criminal Bail Application No. 11 of 1975).
‑‑ R. 210 read with Criminal Procedure Code (V of 1898), Ss. 497 & 498‑‑Bail‑Question raised pertaining to High Court's jurisdiction to grant bail to persons under trial before Special Tribunal for offences under Defence of Pakistan Ordinance, 1971‑‑Leave to appeal granted to consider question‑Constitution of Pakistan (1973), Art. 185(3).
M. I. Memon, Advocate‑on‑Record for Petitioners.
Nemo for the State.
Date of hearing : 3rd March 1975.
Petitioners have been placed before a Special Tribunal set up under section 9 of the Defence of Pakistan Ordinance (Rules 42, 43 and 49) on the accusation that they have encroaches upon Forest land and wrongfully felled saplings.
The petitioners moved an application before the High Court of Sind & Baluchistan, Karachi, under sections 497 and 498, Cr. P. C. and rule 210 of the Defence of Pakistan Rules for bail which has been dismissed by the learned Judge in the view that the Court has no jurisdiction to grant bail to persons undergoing trial before the Special Tribunal.
It is pointed out by Mr. M. I. Memon, Advocate‑on‑Record for the petitioners that this Court has already granted leave to appeal in a number of similar cases which are listed at page 4 of the petition.
As the question raised pertains to jurisdiction of the High Court to, grant bail to persons who are placed for trial before a Special Tribunal for offences under the Defence of Pakistan Ordinance, we grant leave to appeal.
Interim bail allowed to the petitioner s on the 25th January, 1975, is confirmed. Proceedings before the Special Tribunal will, in the meantime, continue and records will not be summoned as question involved is of jurisdiction alone.
Leave granted.
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