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 Appeal for Leave to Appeal No. 4/83 of 1983, decided on 6th February, 1983.
(Against the order dated 27‑11‑1982 of the Lahore High Court in Cr. Misc. No. 2779/B/ 1982).
--Art. 185(3)‑Criminal Procedure Code (V of 1898), S. 497‑ Bail‑Accused approaching High Court for bail while their petition already pending in Supreme Court‑Conduct of accused, held, highly improper.
Zahid Hussain Khan, Advocate Supreme Court and Sh. Abul Karim Advocate‑on‑Record for Petitioners.
Nemo for the State.
Date of hearing : 6th February, 1983.
‑The two petitioners seek leave to appeal against an order of the Lahore High Court dated 27‑11‑1982 refusing them bail in a case registered at Police ‑Station Alipur Chatha, District Gujranwala vide F. I. R. No. 114 on 16‑12‑1981 under sections 307, 326, 324/149, 148, P. P. C.
The petitioners along-with four others were charged for‑attacking with firearm, hatchet and Sotas, the complainant Syed Altaf Hussain Shah and others. and injuring them. In the first round the petitioners along-with two others sought bail and they were denied bail by the High Court. They filed a petition for leave to appeal in this Court and on the application for interim bail two of their companions were admitted to bail but the same was refused to the petitioners. Without waiting for the decision of the petition‑ for leave to appeal filed by them earlier The petitioners filed a fresh petition in the High Court the same month seeking bail on the ground of inordinate delay. Their petition for leave to appeal against the earlier order of the High Court was dismissed on 9‑1‑83 while the High Court denied the petitioners bail by the impugned order.
During the hearing of the petition we pointed out to the learned counsel the highly improper conduct of the petitioners in approaching the High Court in the matter of bail while their petition was already pending in this Court, There was no compelling or strong reason for their doing so The ground of delay was not at all in the circumstances attracted and the High Court rightly not made it the basis for grant of bail. We fin that in view of the earlier rejection of the petition on 9‑1‑83 by this Court there is hardly any case for the petitioner to seek bail. Leave to appeal is, therefore, refused.
S. Q. Leave refused.
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer