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Criminal Review Petition No. 6‑R of 1978, decided on 5th October 1978.
(On appeal from the judgment and order of the Supreme Court, dated 28‑2‑1978 in Cr. P. S. L. A. No. 306/77).
---O. XXVI, r. 1‑Review‑Review petition in criminal matters‑Lies only on ground of error apparent on face of record‑No such error pointed out‑Nature of offence alleged against respondent fully in notice of Court and Court taking over all view of matter finding case one where privilege of bail rightly allowed by High Court to respondent‑Petition for special leave rejected on such ground, held, not open to reconsider ation by way of review in circumstances.
S. A. Saeed, Advocate instructed by Ch. Muhammad Aslam, Advocate‑on‑Record for Petitioner.
B. A. Saleemi, Advocate instructed by Sh. Abdul Karim, Advocate‑on‑Record for Respondents.
Date of hearing : 5th October, 1978.
‑Ch. Zaheer‑ud‑Din respondent No. 1 was granted pre‑arrest bail by a learned Single Judge of the Lahore High Court on 20‑11‑1977 in a case registered against him as per F: I. R. No. 247 of 1977 dated 28‑5‑1977 under sections 420/468/472,/419 and 406, P. P. C. The petitioner filed a Criminal Petition for Special Leave to Appeal No. 306/1977 against the same but without any success as it was dismissed by this Court on 28‑2‑1978. The petitioner has now filed the present petition for review of the aforesaid order.
2. Learned counsel for the petitioner has argued that the respondent was inter alia accused of an offence under section 472, P, P. C. which was punishable with imprisonment of 10 years and as such he could not have been granted bail for that offence in view of the provisions of section 497/ 498, Cr. P. C. Under Order XXVI, rule 1 of the Supreme Court Rules, 195 a review petition is maintainable in criminal cases only on ground of a error apparent on the face of the record. The learned counsel was not able to point out any such error. The nature of the offence alleged again the respondent was fully in the notice of the court and taking an overall view of the matter, this court found that it was a case in which the privilege of bail was rightly allowed to the respondent by the High Court. The petition for special leave to appeal was consequently rejected. The present review petition has no merit and is dismissed.
Petition dismissed.
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