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Petition for Special Leave to Appeal No 59 of 1975, decided on 14th March 1975.
(On appeal from an order of the Lahore High Court made on the 5th of February 1975, in Criminal Miscellaneous No. 4226/B of 1974).
Ss. 497 & 498‑Bail‑High Court not shown to have acted in illegal or improper manner in exercise of its discretion vested under S. 497, no justification, hold, existed for Supreme Court's interference‑Trial having not yet commenced despite lapse of 8 months, petitioners, held, would be entitled to renew their application for bail before Court concern9d if trial still unduly delayed.
Sh. Abdur Rehman, Advocate instructed by S. Wajid Hussain, Advocate -on‑Record for Petitioners.
Nemo for the State.
Data of hearing: 14th March 1975.
‑The two petitioners, Fateh Muhammad and Nawas, are aggrieved by an order made by a learned Single Judge of the Lahore High Court on 5‑2‑1975, whereby bail allowed to them by the lower Courts was cancelled, mainly on the ground that according to the F. I. R. the petitioners were armed with guns and actually used them causing injuries to one Aslam. One pellet was said to be still embedded in his neck.
It is submitted that although the case was registered as long ago as the 6th of July 1974, but no progress has been made in the trial in spite of the lapse of a period of eight months.
As it is not shown that the High Court has acted in an illegal or improper manner in exercising the discretion vesting in it under section 497, Cr. P. C., we see no justification to interfere. We would accordingly dismiss this petition, with the observation that if the trial is unduly delayed, the petitioners would be entitled to renew their application for bail before the Court concerned.
Petition dismissed.
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