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Criminal Petition for Special Leave to Appeal No. K‑145 of 1978, decided on 6th November, 1978.

(On appeal from the judgment and order of the High Court of Sind, Karachi, dated 10‑9‑1978, in Constitution Petition No. 1008 of 1978).

--Art. 185(3)‑Leave to appeal to Supreme Court‑Case in High Court still at motion stage and not admitted to regular hearing‑Points on merits of case both on legal as well as factual plane as raised before Supreme Court yet to be attended to by High Court Supreme Court declined to go into such questions and left them to be first attended to by High Court particularly in matter of bail keeping in view short sentence involved in case.

Z. U. Ahmad, Advocate Supreme Court and M. Shabbir Ghaury, Advocate -on‑Record (absent) for Petitioner.

Nemo for Respondents.

Date of hearing: 6th November, 1978.

The petitioner was convicted by a Summary Military Court on 11‑7‑1978, for an offence under section 411, P. P. C. for dishonestly retaining the stolen property involved in this case and was awarded rigorous imprisonment for six months and a fine of Rs. 30,000 and in default of payment of fine, for a further rigorous imprisonment for three months. The petitioner filed a "constitution petition" in the High Court of Sind at Karachi bearing No. 1008 of 1978. The petition came up before a learned Single Judge of that Court and on the prayer of the learned counsel for the petitioner he sent for the record. The petitioner had applied for interim bail but his request' was not acceded to because the Court was of the view that the questions raised by the petitioner had yet to be examined with reference to the record and unless that was done the question of bail was premature. Against the aforesaid order dated 3‑7‑1978, the petitioner has come up in a petition for special leave to appeal to this Court.

2. It is to be pointed out that the case in the High Court is still at the motion stage and has not yet been admitted to a regular hearing. Learned counsel for the petitioner wanted to raise certain points on the merits of the case both on the legal as well as the factual plane but w are of the view, that as these points are yet to be attended to be the learned Judge of the High Court we should not go into the same an" should rather leave them to be first attended to by the High Court; particularly for bail, keeping also in view the short sentence involved in the case. The petition for these reasons is not entertained and is dismissed with the observations aforesaid.

Petition dismissed.

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