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Criminal Petition for Special Leave to Appeal No. 645 of 1980, decided on 17th December, 1980.
(On appeal from the judgment and order of the Lahore High Court, dated 7‑12‑1980, in Cr. A. No. 1308/80).
Criminal Procedure Code (V of 1898)‑
‑‑ S. 498‑Bail‑‑High Court in its discretionary jurisdiction not think ing fit to grant bail‑No justification, held, existed to interfere with such discretion particularly when petitioner's appeal directed by High Court to be heard out of turn and order appearing to maintain balance of justice‑Constitution of Pakistan (1973), Art. 185(3).
Saleem Ahmad Mian, Advocate‑on‑Record for Petitioner.
Nemo for the State.
.‑An appeal being Criminal Appeal No. 1308/80 filed by the petitioners against his conviction under section 5(2) of the Prevention of Corruption Act 11 of 1947 and sections 468 and 471, P. P. C. is pending in the High Court. In that appeal he applied for bail by means of Criminal Miscellaneous No. 1 /80 but without any success as the same was dismissed by the High Court on 7‑12‑1980. The order of the High Court is short one and reads as follows:‑
"The submission made by the learned counsel for the petitioner relates to the appreciation of evidence which cannot be dealt with at this stage. This application is dismissed in limine.
Without prejudice to the merits of the case, I feel that the sentence imposed on the applicant is rather severe. The main appeal should be set down for hearing by the end of 1981."
2. The petitioner has come up in a petition for special leave to appeal against the same to this Court.
3. We have heard the learned counsel. In our opinion since the High Court has in its discretionary jurisdiction not thought it fit to grant bail to the petitioner, we see no justification to interfere with that discretion particularly when the appeal of the petitioner has been directed to be heard If we can say so‑out of turn‑by the end of year 1981. The order seems to maintain the balance of justice and cannot be taken exception to maintain the balance of justice and cannot be taken exception to.
The result is that this petition has no merit and is dismissed.
Petition dismissed.
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