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Criminal Petition for Special Leave to Appeal No. 358 of 1975, decided on 12th November 1975.
On appeal from the judgment arid order of the Lahore High Court, Lahore dated 21-8-1975 in Criminal Miscellaneous No. 1 of 1975 in Criminal Appeal No. 715 of 1975).
Constitution of Pakistan (1973)--
--Art. 185(3) read with Criminal Procedure Code (V of 1981),
S. 498‑Bail, ad interim‑High. Court in appeal pending before it refusing interim bail‑Not possible, held, to differ with High Court without pre‑empting subject‑matter of appeal and such course net :risible during pendency of appeal before High Court‑Petition for leave to appeal to appeal being manifestly misconceived dismissed.
D. M. Arbey, Advocate Supreme Court of Pakistan instructed Eyed Inayat Hussain Advocate‑on‑Record for Petitioners.
Nemo for the State.
Date of hearing : 12th November 1975.
The petitioners have preferred an appeal in the High Court against their convictions and sentences to various terms of imprisonment under sections 148, 459, 366 and 323 read with section 149, P. P. C. Prayer for interim bail was refused by a learned Judge against which ‑‑, sick leave to appeal.
The petition has no merit whatever, for, unless we pre‑empt the subject
matter of the appeal ,it will not be possible, to differ with the High Court in the matter of granting interim bail. As such a coarse is not feasible, the petition for leave to appal is manifestly misconceived and is dismissed. The petitioners however, apply to tare High Court early hearing of the appeal.
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