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Criminal Miscellaneous No. 3960/8 of 1979, decided on 7th November, 1979.
‑‑ S. 497‑Bail‑Ipso dixit of Police not binding on Court‑‑Mere production by accused of some witnesses in support of his innocence, held, does not entitle accused to bail, particularly when such plea not accepted by Investigating Officer.
--‑‑Advocate‑Duty of‑Counsel filing second application soon after dismissal of earlier application without any new ground‑Entire matter having been sorted out at considerable length by first counsel on earlier occasion‑Held, no justification for applying afresh on same grounds‑Duty of second counsel‑To refuse such a brief- Criminal Procedure Code (V of 1898), .S. 497 ‑.[Criminal trial Advocate].
M. D. Tahir for Petitioners.
On earlier occasion, the bail application of the petitioners (Cr. M. No. 3195/B of 1979) was disposed of as withdrawn on 19th September, 1979..
This ;s a case of day time occurrence. F. I. R. has been lodged promptly and the petitioners are attributed a specific role. This Court i : not bound by the ipse. dixit of the , Police. The mere fact that the petitioners produced some witnesses in support of their plea of innocence, would not entitle them to bail, particularly when the Investigating Office had not accepted their plea of innocence despite that evidence. The matter (Cr. M. No. 3195/B of 1979) was very intelligently argued at considerable length by Mr. Taqi Ahmad Khan, Bar‑at‑Law, and when he was confronted with the above position. he thought it advisable to withdraw the application and in doing so I think he adopted the right course.
2. Mr. M. D. Tahir, Advocate has filed another application for bail. There is no new ground either written or urged by him and the entire matter was sorted out at considerable length by Mr. Taqi Ahmad Khan, B Bar‑at‑Law on the earlier occasion Therefore, there is no justification for applying afresh on the same grounds and I think a conscientious lawyer should refuse the brief in such circumstances. There being no merit the application for bail is dismissed in limine.
Petition dismissed.
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