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Criminal Petition for Special Leave to Appeal No. 85 of 1985, heard on 23rd April, 1985.
(Against the judgment/order, dated 16‑2‑1985 passed by Lahore High Court, Lahore in Criminal Miscellaneous No. 368/B of 1985).
--‑S. 497‑‑‑Bali‑-Challan filed in Court of Magistrate who had not yet sent it to Court of Sessions Hs one of co accused absented himself‑‑Order of 'High Court refusing bail to accused maintained.
Muhammad Ismail Chaudhry, Advocate Supreme Court and Mahmood A. Qureshi, Advocate‑on‑Record for Petitioner.
M.A. Bajwa, Advocate Supreme Court for the State.
Date of hearing: 23rd April. 1985.
‑The petitioner seeks leave to appeal against tire order of the High Court, dated 16‑‑2 ‑1985, rejecting his bail application. ;
2. We have herd the petitioner's counsel. His application before the High Court was based on the ground that the challan had not yet been submitted against him in any Court. The High Court, however, observed that it appeared that he challan lard been filed and that delay in submitting the same had been caused by the abscondence of the two of the co‑accused of the petitioner.
3. On the last date of hearing we asked the leaned counsel for the State to ascertain as to whether or not challan had been filed. He has today informed us, on instructions from the relevant official that challan has been filed in the Court of Magistrate in Sialkot who has not yet sent it to the Court of the learned Sessions Judge, Sialkot, as one of the co‑accused had absented himself.
4. In this view of the matter we do not consider this a fit case fore interference with the impugned order of the High Court. This petitioner is consequently dismissed.
M. Y.H. Leave refused.
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