Lawyers Directory Listing
Unlock direct contact details for up to 10 lawyers so you can call or WhatsApp the right legal professional and move your matter forward with confidence.
Criminal Petition for Special Leave to Appeal No. 5‑Q of 1985, decided on 21st October, 1985.
‑‑‑Art. 185(3)‑‑Criminal Procedure Code (V of 1898), S.497(5)‑‑Bail, cancellation of‑‑Prosecution case against accused having support of several eye‑witnesses and circumstantial evidence‑‑Leave to appeal granted to consider question whether facts and circumstances of case attracted principles indicated by decisions of Supreme Court in Arbab Ali v. Khamiso and others 1985 S C M R 195: Ibrahim v. Hayat Gul and others 1985 S C M R 382 and Muhammad Sadiq v. Sadiq and others P L D 1985 S C 182.
Yahya Bakhtiar, Senior Advocate Supreme Court with Imtiaz M. Khan, Advocate Supreme Court for Petitioner. M. Adam Chishti, Advocate Supreme Court for Respondent No.1.
Nemo for the State.
Date of hearing: 20th October, 1985.
This is a petition for leave to appeal from the order of Baluchistan High Court, dated 19‑8‑1985 rejecting petitioner's application under subsection (5) of section 497 of the Code of Criminal Procedure for cancellation of bail granted by the Sessions Judge, Quetta to Nasir Ahmed Bacha respondent 1 pending his trial in the case against him under section 302/109, P.P.C.
The prosecution case against the respondent has support of several eye‑witnesses, and the circumstantial evidence. The question for consideration, inter alia, is whether the facts and the circumstances of this case attracted the principles indicated by this Court in Arbab Ali v. Khamiso and others 1985 S C M R 195; Ibrahim v. Hayat Gul and others 1985 S C M R 382 and Muhammad Sadiq v. Sadiq and others P L D 1985 S C 182. We, therefore, grant leave .to appeal and allow the petition.
Since in the normal course this appeal will be heard in Quetta some time in 1986, both the learned counsel pray that it may be fixed at an early date at Rawalpindi or at Lahore, preferably at Lahore on 11‑11‑1985. The request being legitimate is granted. The file of the case shall be transferred to Lahore for hearing there on 11‑11‑1985.
M.Y.H. Leave granted.
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer