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HAYAT versus STATE


Article 185 (3) Criminal Code of Conduct (V9 1898), Section 497 Criminal Code (XLV of 1860), S 302/307/149 Permit for leave to appeal unless the applicant surrenders. Is

1985 S C M R 1927

Present: Aslam Riaz Hussain and M.S.H. Quraishi, JJ

HAYAT‑‑Petitioner

versus

THE STATE and another‑‑Respondents

Criminal Petition for Special Leave to Appeal No. 239 of 1985, decided on 27th May, 1985.

(Against the judgment of the Lahore High Court, Lahore, dated 29‑4‑1985, passed in Criminal Miscellaneous No. 761/B of 1985).

Constitution of Pakistan (1973)‑‑

‑‑‑Art. 185(3)‑‑Criminal Procedure Code (V of 1898), S. 497‑‑Penal Code (XLV of 1860), S 302/307/149‑‑Leave to appeal‑‑Bail‑‑Accused petitioner not yet surrendered‑‑Bail cancelled by High Court‑‑Supreme Court refused to hear petition for leave to appeal unless petitioner surrenders.

Aftab Farrukh, Advocate Supreme Court for Petitioner.

Nemo for Respondents.

Date of hearing:‑ 27th May, 1985.

ORDER

ASLAM RIAZ HUSSAIN, J.‑

‑The petitioner seeks leave to appeal against the judgment of the High Court, dated 29‑4‑1985, cancelling his bail in a case under sections 302/307/149 and 148, P.P.C.

2. We are, however, informed that the petitioner has not surrendered. The petition cannot, therefore, be heard, unless he surrenders. The same is, therefore, dismissed.

3. He can however, file another petition after his surrender.

M. I. Petition dismissed

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