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Criminal Petition No. 57‑K of 1986, decided on 12th August, 1986.
(On appeal from the judgment and order of the High Court of Sind Sukkur Bench, dated 16‑6‑1986, passed in Criminal Bail Application No. 297 of 1986).
‑‑‑Art. 185(3)‑‑Criminal Procedure Code (V of 1898), 5.497, proviso fourth‑‑Interpretation of‑‑Conflict of view‑‑Leave to appeal granted to resolve conflict of opinion as to interpretation of fourth proviso to 5.497, Cr.P.C.
Rahim Bux and others v. The State P L D 1986 Kar. 224 ref.
Muhammad Hayat Junejo, Senior Advocate Supreme Court with Muzaffar Hussain Advocate‑on‑Record for Petitioners.
Sattar A. Shaikh, Additional Advocate‑General instructed by M.A.I. Qarni, Advocate‑on‑Record for the State.
Date of hearing: 12th August, 1986.
There is a conflict of opinion in the High Court as to the interpretation of the fourth proviso of section 497, Cr.P.C. The learned Single Judge while deciding Bail Application No. 297 of 1986 out of which this petition has arisen, has not accepted the view expressed by another learned Single Judge in the case reported as Rahim Bux and others v. The State P L D 1986 Kar. 224. Accordingly we would grant leave to appeal to resolve this conflict.
The appeal shall be made ready for hearing in September, 1986, if possible.
M. I. Leave granted.
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