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NAZIR ALIAS JEERA versus THE STATE


The hearing of the misleading allegations of bail from the court of section 7497 / le88 was granted by the sessions court to the petitioner which was canceled on the basis of the previous order passed by the High Court which was brought to the notice of the court. And there is a disputed claim by the applicant that they have tried to produce evidence. The petitioners tried to mislead the court into a law; the bail was dismissed by a single High Court judge, with no justification, which was denied by the Pakistan Constitution (1973). Exists for interference, Article 185 (3)

P L D 1981 Supreme Court 240

Present : Muhammad Afzal Zullah and Abdul Kadir Shaikh, JJ

NAZIR alias JEERA‑Petitioner

versus

THE STATE‑Respondent

Criminal Petition for Special Leave to Appeal No. 187 of '981, decided on 20th April, 1981.

(On appeal from the judgment and order of the Lahore High Court, Lahore, dated 4‑3‑1981, passed in Criminal Miscellaneous No. 491/8 of 1981).

Criminal Procedure Code (V of 1898)‑

S. 497/498‑Bail‑Misleading of Court‑Bail granted to petitioner by Sessions Court cancelled on grounds of previous order passed by High Court having net been brought to Court's notice and there being an uncontroverted assertion of petitioner having attempted to suborn evidence‑Second petition for bail dismissed by a Single Judge of High Court‑Attempt having been made by petitioner to mislead a Court of law, no justification, held, existed for interference with order refusing concession of bail to petitioner‑Constitution of Pakistan (1973), Art. 185(3).

Ch. Abdur Rehman Cheema, Advocate and Sh. Abdul Karim, Advocate‑on -Record for Petitioner.

Memo for the State.

Date of hearing : 20th April, 1981.

ORDER

MUHAMMAD AFZAL ZULLAH, J.‑Leave to appeal has been sought from order, dated 4‑3‑1981, whereby the second petition for bail of the petitioner in a case of Zina was dismissed by a learned Single Judge of the Lahore High Court. Earlier, bail granted to the petitioner by a learned Additional Sessions Judge was cancelled on two grounds

"(1) That a previous order passed by the High Court was not brought to his notice ; and

(2) There was an uncontroverted assertion that the petitioner had attempted to suborn the evidence."

After hearing the learned counsel for the petitioner, we do not find any justification for interference with the orders whereby the petitioner was refused the concession of bail because an attempt was made to mislead a Court of law. This petition accordingly is dismissed.

S. A. H.

Petition dismissed.

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