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Criminal Petition for Special Leave to Appeal No. 224 of 1980, decided on 28th May, 1980.
(On appeal against the judgment and order dated 16‑4‑1980 of the Lahore High Court in Criminal Miscellaneous No. 1092‑B of 1980).
Constitution of Pakistan (1973)‑
Arts. 199 & 185(3) read with Criminal Procedure Code (V of 1898), S. 497(2)‑Bail‑Case called out but none appearing to press petition, hence case considered on merits‑Conclusion of High Court as to case being one of further inquiry found justified after perusal of F. I. R., bail application before High Court, impugned order, and petition for leave to appeal‑Petition dismissed as without merit.
M. Akhtar Raja, Advocate Supreme Court (absent) and M. Aslam Choudhry, Advocate‑on‑Record for Petitioner.
Nemo for Respondents
Date of hearing: 28th May, 1980.
J.‑This petition by Muhammad Husain is directed against the order of the High Court dated 16‑4‑1980 whereby bail was granted to Mushtaq, respondent. The case has been called out. It is 12‑05 p.m. but no one is presents to press the petition. We, therefore, proceed to consider the same on merits. Having gone through the F. I. R., bail application before the High Court; the impugned order and the present petition, we feel that the conclusion of the High Court that the case in question is one of further enquiry envisaged by section 497 (2), Cr. P. C. is justified. The petition is, therefore dismissed as being without merit.
Petition dismissed.
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