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Criminal Petition for Special Leave to Appeal No. 40‑R of 1980, decided on 22nd March, 1981.

(In the matter of Cr. M. P. No. 11‑R of 1981).

---- Art. 185(3)‑Criminal Procedure Code (V of 1898), S. 426‑Leave to appeal granted by Supreme Court on ground that evidence on record not justifying detention of accused‑Conviction of accused resting on sole testimony of witness which required re‑appraisal for safe dispensation of justice‑‑‑Being not possible to foreclose opinion on appraisal of evidence while considering question of grant of bail to accused, held, not justified to grant bail, in circumstances.‑[Evidence].

Yusuf Ali Khan, Bar‑at‑Law and Ch. Akhtar Ali, Advocate‑on‑Record for Petitioner.

Nemo for the State.

Date of hearing : 22nd March, 1981.

Cr. M. No. 11‑R of 1981, seeks bail for Muhammad Anwar, who was granted leave to appeal in Cr. P. No. 40‑R of 1980, on the ground that the evidence on record does not justify his detention. As the conviction rests on the sole testimony of Muhammad Yusuf which needs re‑appraisal for safe dispensation of justice; it is not possible to foreclose an opinion at this stage while considering the question of his bail. Accordingly, we find no justification to enlarge him on bail. The application is thus without merit and is dismissed. However, we would direct, that, if possible, the appeal should be made ready f6r hearing at an early date.

M. Z. M. Petition dismissed.

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