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Petition for Special Leave to Appeal No. K‑2 of 1975, decided on 5th March 1975.
(On appeal from the judgment and order of the High Court of Sind & Baluchistan at Karachi, dated 29‑1‑1975 in Bail Application No. 41 of 197 5).
‑‑‑‑‑ S. 498 read with fence of Pakistan Rules, 1971, r. 210‑Preven tive detention‑Bail‑Leave already granted in a number of similar cases to consider whether bail could be granted in cases under Defence of Pakistan Rules, 1971‑Leave to appeal granted and petitioner enlarged on bail‑Defence of Pakistan Ordinance (XXX of ,1971). S. 3 read with Defence of Pakistan Rules, 1971, rr. 42, 43 & 49.
M. I. Memon, Advocate‑on‑Record for Petitioner.
Nemo for the State.
Date of hearing : 5th March 1975.
‑The petitioner herein, is an accused in proceed ings before a Special Tribunal, constituted under the Defence of Pakistan Ordinance, 1971, for offences under rules 42, 4 3 and 49 of the D.‑fens d of Pakistan Rules, 1971 read with sections 122 an9 121‑A, P. P. C. H,' vas arrested in August 1473, and has been in the lock up since then, having been refused bail both by the Tribunal and by the High Court at Karachi. The High Court, vide its order dated 29‑1‑1975 has ruled that in a case triable by a Special Tribunal created under the Defence of Pakistan Ordinance, it is not competent to that Court to admit the accused to bail under section 498, Cr. P. C. The petitioner seek3 leave to appeal against the above order of the High Court.
Learned Advocate‑on‑Record for the petitioner points out that leave has already been granted by this Court in Petitions for Special Leave to Appeal Nos. K‑41 to K‑45 of 1973 and in a number of other similar cases, to consider whether the similar view taken by the High Court in those cases is correct
Accordingly, we grant leave in this petition also. The appeal shall be heard alongwith the connected appeals.
The petitioner is also allowed bail in the sum of Rs.2000 with one surety in the like amount to the satisfaction of the Nazir of the High Court at Karachi.
Leave granted
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