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KHADIM versus HASAN


Evidence of the prosecution of the Section 185 (3) Criminal Code (V9 1898), Section 497 (5) bail is already listed and the case is set for argument.

1985 S C M R 909

Present: Aslam Riaz Hussain and Nasim Hasan Shah, JJ

KHADIM‑‑Petitioner

Versus

HASAN and others‑‑Respondents

Criminal Petition for Special Leave to Appeal No.10 of 1983, decided on 3rd June, 1984.

(Against the order of the Lahore High Court Lahore, dated 22‑12‑1982, passed in Crl. Misc. 3115‑B/1982).

Constitution of Pakistan (1973)‑

‑‑‑Art. 185(3)‑‑Criminal Procedure Code (V of 1898), S.497(5)‑‑Bail‑ Cancellation‑‑Prosecution evidence in case already recorded and case fixed for arguments‑‑Case not found fit for interference with grant of bail to accused respondents‑‑Leave to appeal refused.

Aftab Farrakh, Advocate Supreme Court with Sh. Masud Akhtar,

Advocate‑on‑Record for Petitioner. Sh. Ijaz Ali,

Advocate Supreme Court for Respondents.

Date of hearing: 27th May, 1984.

ORDER

ASLAM RIAZ HUSSAIN, J.

‑‑The petitioner seeks leave to appeal against the order of the learned Single Judge of the Lahore High A Court, dated 22‑12‑1982, with a view to get the bail of respondents 1 to 9 cancelled.

2. The respondents are accused alongwith some other, inter alia, of offence under section 302/149, P.P.C., for the murder of Zahoor Hussain real brother of Khadim Hussain complainant.

3. Learned counsel for the petitioner has brought to our notice that the respondents on the person of the deceased inflicted about 50 injuries.

4. We are surprised that bail has been granted to the respondents in such a case, but we refrain from interfering because the learned counsel for the State has informed us that the trial of this case has already commenced the prosecution evidence has been recorded and case is now fixed for arguments on the 3rd of June, 1984.

In this view of the matter the petition is dismissed.

S . Q Petition dismissed.

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