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Criminal Petition for Special Leave to Appeal No. 10‑R of 1982, decided on 17th April, 1982.
(On appeal from the judgment and order dated 24‑5‑1981 of the Lahore High Court, Lahore, in Criminal Miscellaneous No. 1364‑B of 1981).
Constitution of Pakistan (1973)‑‑
Art. 185(5)‑Leave to appeal‑Petition barred by time in respect of original order‑Order declining to make any clarification regarding another order unexceptionable‑Notwithstanding argument raised on behalf of petitioner regarding law 'on question of bail to absconder finding support from a recent judgment of Supreme Court, case, held, not fit for grant of leave to appeal in view of its merits and circum stances, trial having commenced, large number of witnesses having been examined before one Judge and case having been transferred to another Judge for trial.
Rao Qadeer Khan v. The State P L D 1981 S C 93 ref.
Yusuf Ali Khan, Bar‑at‑Law, Advocate Supreme Court and Imtiaz Ahmad Khan, Advocate‑on‑Record (absent) for Petitioner.
R. A. Awan, Advocate Supreme Court and Ch. Muhammad Aslam, Advocate‑on‑Record for Respondents.
Date of hearing : 17th April, 1982.
‑This petition for leave to appeal
arises out of orders of the Lahore High Court; whereby it declined to cancel that bail granted to respondent No. 1 in a murder case.
The petition is barred by time in so far as the original order of the High Court dated 24th May, 1981 is concerned. The order dated 27‑1‑1982 by the High Court declining to make any clarification regarding order dated 12‑12‑1981 is unexceptionable. And even if this petition be treated as within time in so far as the order dated 12‑12‑1981 is considered; on merits although the argument raised by the learned counsel for the petitioner regarding law on the question of bail to an absconder, finds support from a recent judgment of this Court in Rao Qadeer Khan v. The State P L D 1981 S C 93, we, however, do not consider it a fit case for grant of leave to appeal at this stage, because the trial having commenced, a large number of witnesses were examined before one learned Judge and the case now stands transferred to another learned Judge for trial. This petition accordingly is dismissed.
Leave refused.
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