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 Petitions for Special Leave to Appeal Nos. 383 of 1973 and 6-R of 1975, decided on 5th September, 1975.
(On appeal from the orders of the Lahore High Court made on the 24th October, 1974 and 21st of January, 1975 in Cr. Misc. No. 3679-B and Cr. Misc. 4883/B of 1974, respectively).
--- S. 497 (5)-Cancellation of bail-Inquiry proceeding nearing com pletion-Not appropriate for Supreme Court to express any opinion about nature and quality of evidence produced by prosecution-Next date of hearing falling within a month and proceedings likely to be concluded on such date or soon thereafter-Best course; in circum stances, held, to allow interim orders of bail to stand and leave decision of question of bail to Court concerned in event of committal of petitioners to Court of Session.
Muhammad Anwar Raja, Senior Advocate (M. Abdul Saleem, Advocate with him) instructed by Abdul Razzaque Raja, Advocate-on-Record (absent) for Petitioner (in P. S. L. A. No. 383 and Cr. Misc. No. 197 of 1974),
Khalid Farook, Advocate instructed by Wajid Hussain, Advocate-on- Record (absent) for the Complainant (in Cr. Misc, No. 197 of 1974).
S. M. Zafar, Senior Advocate with M. Bilal, Advocate instructed by Yaqub Hussain Zaidi, Advocate-on-Record for Petitioner (in P.S. L. A. No. 5-R of 1975).
Riaz Ahmad, Assistant Advocate-General (Punjab) for the State (in all the Cases).
Date of hearing : 5th May, 1975.
This order will dispose of .Criminal Petitions for Special Leave to Appeal bearing Nos, 383 of 1974 and 5-R of 1975 as well as Criminal Miscellaneous Application No. 197 of 1974. In the first named two petitions, by in term orders made by this Court on the 15th of November 1974 and the 30th of January 1975 bail was allowed to the petitioners Muhammad Amin and Irshad Ahmad Khan respectively during the pendency of these petitions. By means of the Criminal Miscellaneous Application the com plainant has sought cancellation of bail.
It was also directed that the commitment proceedings be expedited and the evidence recorded by the learned Magistrate should be placed before this Court for final disposal of these petitions. The evidence of most of the relevant witnesses has since been recorded and is before us.
After perusing the evidence brought on the record and hearing the learned counsel for the parties, we have formed the view that it will not be appropriate for us to express any opinion about the nature and quality of the evidence produced by the prosecution so far, as it is common ground between the parties that the inquiry proceedings are nearing completion. We are informed that the next date of hearing is the 10th of June, 1975, and the proceedings are likely to conclude on that date or soon after. In the circumstances, the best course to adopt would be to allow the interim orders to stand, and leave to the Court concerned the decision of the question of bail in the event of the committal of the petitioners to the Court of Session.
It may be stated that the learned counsel for the parties are also agreeable to the order made in the preceding paragraph. All the three matters are disposed of accordingly.
Order according
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer