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IMDADULLAH versus STATE


Article 185 (3) Criminal Code of Conduct (V9 1898), 5 497 Criminal Procedure (XLV of 1860), Section 302 guarantees no exception to the law or any facts which prevail with the High Court while the accused pleads for bail. Rejecting. Refused to appeal

1986 S C M R 1671 (2)

Present: Abdul Kadir Shaikh and S.A. Nusrat, JJ

Hafiz IMDADULLAH‑‑Petitioner

versus

THE STATE‑‑Respondent

Criminal Petition No. 5‑K of 1986, decided on 5th February, 1986.

(On appeal from the judgment and order of the High Court of Sind at Karachi, dated 23‑1‑1986 passed in Criminal Bail Application No. 30 of 1986).

Constitution oaf Pakistan (1973)‑‑

‑‑‑Art. 185(3)‑‑Criminal Procedure Code (V of 1898), 5.497‑‑Penal Code (XLV of 1860), S.302‑‑Bail‑‑No exception in law or on facts possible with view that had prevailed with High Court while rejecting accused's bail application‑‑Leave to appeal refused.

Gohar Ali Shah, Advocate Supreme Court and Faizanul Haq, Advocate‑on‑Record for Petitioner.

Nemo for the State.

Date of hearing: 5th February, 1986.

ORDER

ABDUL KADIR SHAIKH, J.‑‑

This is a petition for grant of leave to appeal from the order of Sind High Court, dated 23‑1‑1986 rejecting petitioner's request for grant of bail pending his trial in a case under section 302 of the Pakistan Penal Code.

2. After having gone through the case, we find that no exception in law or on facts can be taken, with the view that has prevailed with the High Court. The petition is, therefore, dismissed.

M . Y . H . Petition dismissed.

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