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MUHAMMAD BUX versus MUHAMMAD JIAL AND 5 OTHERS


Criminal Code of Conduct (CR PC) Section 497 (5) Contempt Rule (XLV of 1860), Deletion of Bail Even after considering the application of section 302 counter-version, the trial judge's bail is revoked. But for the third time when bail is granted at a stage, bail is granted at the end of the trial, when witnesses supporting the case and only formal witnesses remain to be examined, contrary to the spirit of the law. The guarantee was canceled, in the circumstances

1984 P Cr. L J 3175

[Karachi]

Before Abdul Razak A. Thahim, J

MUHAMMAD BUX-Appellant

Versus

MUHAMMAD JIAL AND 5 OTHERS-Respondents

Criminal Miscellaneous No. 364 of 1984, decided on 28th June, 1984.

Criminal Procedure Code (V of 1898)-

- S. 497 (5)-Penal Code (XLV of 1860), S. 302-Bail. cancella tion of-Twice trial Judge dismissing bail even after considering plea of counter-version but a third time granting bail at a stage when apparently prima facie case made out-Grant of bail at stage of conclusion of trial when witnesses having supported case and only formal witnesses remaining to be examined, held, contrary to spirit of provision of law-Bail cancelled, in circumstances.

1975 S C M R 399 ; 1976 S C M R 336 ; 1978 P Cr. L J 632 ; 1982 P Cr. L J 300 ; 1980 P Cr. L J 1067 ; 1984 P Cr. L J 600; 1984 P Cr. L J 149 ; 1983 S C M R 341 ; 1984 P Cr. L J 523 ; 1980 S C M R 203 ; Nisar Ahmed v. Dil Muhammad and 2 others 1982 S C M R 1006 and Khalid Dad and 7 others v. The State 1982 P Cr. L J 713 ref.

Imam Bux Shaikh for Appellant.

Rashid Yousufzai for Respondents.

M. I. Memon, Addl. A.-G. for the State.

Date of hearing: 28th June, 1984.

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