Lawyers Directory Listing
Chat with us free on WhatsApp — tell us your city and legal matter and our team connects you with the right lawyer. No form, no fee.
Criminal Petition No. 17/P of 1979, decided on 23rd April 1979.
(Appeal against the judgment and order dated 4‑3‑1979 of the Peshawar High Court in Criminal Miscellaneous No. 6/79 in Criminal Miscellaneous No. 40/79).
----Ss.497/498-Bail‑High Court expressing no opinion on merits of case in dismissing prayer for grant of bail and rather accommodat ing petitioner by directing appeal to be taken up out of turn within six months‑Order of High Court, held, not suffering from any illegality or any violation of law or of procedure relating to bail and contention that petitioner having a very strong case on merits High Court should have released him on bail not unable.
Raza A. Khan, Advocate Peshawar and M. Qasim Imam, Advocate‑on- Record (absent) for Petitioner.
Nemo for the State.
Date of hearing : 23rd April 4979.
.‑The petitioner filed Criminal Appeal No. 40 of 1979 in the High Court of Peshawar against the judgment and order of the learned Additional Sessions Judge, Peshawar dated 4‑2‑1979 whereby he was convicted under section 302/34, P. P.‑ C: and sentenced to life imprisonment and a fine of Rs. 2,000 or in default to undergo further six months' R. I. In that appeal the petitioner filed Criminal Miscellaneous Application No. 6/79 praying for being released on bail. A Division Bench of the Peshawar High Court by means of their Order dated 4‑3‑1979 directed that the appeal may be fixed up for hearing within six months from the date of their order. Since a very early hearing of the case had been fixed, therefore, the learned Judges ‑refused to release the petitioner on bail.
2. The petitioner has come up in a Petition for Special Leave to Appeal against the aforesaid Order, to this Court.
3. Learned counsel argued that his client has a very strong case on merits, and, therefore, the High Court should have released him on bail. The contention has no merit. The High Court has expressed no opinion or the merits of the case and they have rather accommodated the petitioner by directing that his appeal be taken up out of turn within six months. The Order of the High Court does not suffer from any illegality or any violation of law or of procedure on the subject.
4. The petition has no merit and is dismissed.
Petition dismissed.
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer