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Petition for Special Leave to Appeal No. 283 of 1984, decided on 6th March, 1985
(On appeal from the order of the High Court Lahore, dated 30th July, 1984 in Criminal Miscellaneous No. 1940/B of 1984).
‑‑‑Art. 185(3)‑‑Criminal Procedure Code (V of 1898), Ss. 497 & 498‑ Penal Code (XLV of 1860), S. 302‑‑Petitioner seeking cancellation of bail allowed by High Court to accused‑‑Trial commencing shortly‑ Supreme Court declined to interfere‑‑Plea that observation made by High Court might adversely affect prosecution case, not well founded‑ Trial Court to decide case by applying its own independent mind to evidence adduced before it‑‑Petition dismissed.
Zafar Pasha Chaudhry, Advocate Supreme Court instructed by Mahmood A. Qureshi, Advocate‑on‑Record for Petitioner.
Ch. Mehdi Khan, Advocate‑on‑Record for Respondents.
Date of hearing: 6th March, 1985.
.‑‑ The petitioner seeks leave to appeal against an order of a learned single Judge of the Lahore High Court dated 30th July, 1984 granting bail to Muhammad Asghar respondent who is an accused, inter alia, of murder.
2. We have been informed that the trial is to commence on 30th April, 1985. As such we do not like to interfere at this stage. The petition is consequently dismissed.
3. Before parting with the case it may be mentioned that the learned counsel for the petitioner expressed an apprehension that the learned High Court Judge, while granting bail to the respondent, has made certain observations which are likely to affect the prosecution case adversely.
4. The apprehension is not well‑founded because, we are sure, that the learned trial Court will decide the case by applying its own independent mind to the evidence adduced before it.
M . I . Petition dismissed.
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