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ATTAULLAH KHAN versus JAWAID HAIDER KAZMI


Section 7 49 5 (bail) Cancellation of Guarantee The order of the High Court to grant bail, not to suffer any weakness, legal or otherwise, leave the appeal against the said order.
1986 S C M R 1834

Present: Muhammad Afzal Zullah, S. A. Nusrat and Ali Hussain Qazilbash, JJ

ATTAULLAH KHAN‑‑Petitioner

versus

JAWAID HAIDER KAZMI and 2 others‑‑Respondents

Criminal Petition for Special Leave to Appeal No. 40‑K of 1986, decided on 25th August, 1986.

(From the order of the Sind High Court, Karachi, dated 13‑4‑1986, passed in Bail Applications Nos. 312 of 1986 and 365 of 1986).

Criminal Procedure Code (V of 1898)

‑‑‑S. 497(5)‑‑Cancellation of bail‑‑Bail granting order passed by High Court not suffering from any infirmity, legal or otherwise‑‑Leave to appeal against said order refused.

Petitioner in person.

Respondent No. l in person.

Date of hearing: 25th August, 1986.

ORDER

MUHAMMAD AFZAL ZULLAH, J.‑‑

Leave to appeal has been sought from order dated 13‑4‑1986 of the Sind High Court whereby anticipatory bail was allowed to respondents Nos.1 and 2 in a 307, P.P.C. case. The petitioner who is the complainant in the case seeks cancellation of the bail.

After hearing the petitioner who is an Advocate in person and respondent No. l who is also an Advocate, we are satisfied that the impugned order does not suffer from any infirmity, legal or otherwise.

No justification has been made out for grant of leave to appeal.

This petition accordingly, is dismissed.

M . Y . H . Petition dismissed.

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