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Criminal Petition on Special Leave to Appeal No. 100 of 1962, decided on 14th June, 1952.

(On appeal from the judgment and order dated 1st March, 1982 of the Lahore High Court Lahore in Cr. Misc. Nos. 96/13 of 1982 and Crl. Misc. No. 97/13 of 1982).

‑‑Ss. 497 & 498‑Bail‑Leave to appeal granted to consider whether High Court could grant bail to accused on consideration of merits despite Supreme Court having earlier refused bail on consideration of merits, whether accused's plea of bail before High Court on ground of delay covered under relevant proviso to S. 497 (1) and if not whether accused could be allowed bail on ground of delay as a general con sideration independent of statutory provision in such behalf‑Constitu tion of Pakistan (1973), Art. 185 (3).

Munir Ahmad Bhatti Advocate Supreme Court, instructed by Mahmood Ahmad Qureshi, Advocate‑on‑Record for Petitioner.

Nemo for Respondents.

Date of hearing : 14th June, 1982.

Leave is granted in this matter to consider

(a) Whether the learned Single Judge in the High Court was competent to grant bail to the respondents Nos. 1 and 2 on consideration of merits, when the Supreme Court had earlier refused bail to the respondent after consideration of the case merits.

(b) Whether the respondents' plea of bail before the High Court on ground of delay was covered under the relevant proviso to sub section (1) of section 497, Cr. P. C.

(c) If not, whether the respondents could be allowed bail on ground o delay as a general consideration independent of the statutory provision in this behalf.

The appeal shall be made ready on the present record with liberty to the parties to file additional documents, and, shall be fixed for hearing in the week commencing 26th June, 1982, at Rawalpindi.

Leave granted.

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