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SARDAR BAHADUR versus STATE


Article 185 (3) of the Code of Criminal Procedure (v. 1898), leave to appeal to the High Court on section 497 bail while excluding the request for bail of the accused recording the most detailed and reasonable decision, there is no question of law. The Supreme Court decision requiring the case is not appropriate for the case. Denied interruption leave

1986 S C M R 209

Present: Aslam Riaz Hussain, Actg. C.J., Nasim Hasan Shah and S.A. Nusrat, JJ

SARDAR BAHADUR‑‑Petitioner

Versus

THE STATE‑‑Respondent

Criminal Petition for Special Leave to Appeal No. 99‑R of 1985 decided on 14th October, 1985.

(Against the judgment of Peshawar High Court Peshawar, dated 13‑8‑1985 passed in Criminal Miscellaneous No. 342 of 1985).

Constitution of Pakistan (1973)‑‑

‑‑‑Art. 185(3)‑‑Criminal Procedure Code (V of 1898), 5.497‑‑Leave to appeal‑‑Bail‑‑High Court while dismissing bail application of accused recording a very detailed and well‑reasoned judgment‑‑No question of law, requiring decision by Supreme Court raised‑‑Case not fit for interference‑‑Leave refused.

A.G. Chaudhary, Advocate Supreme Court with Ch. Akhtar Ali, Advocate‑on‑Record for Petitioner.

Bashirullah Khan, A.A.‑G., N.‑W.F.P. for the State.

Date of hearing: 14th October, 1985.

ORDER

ASLAM RIAZ HUSSAIN, ACTG. C.J.‑

‑The petitioner seeks leave to appeal against the judgment of the High Court dated 13‑8‑1985, dismissing his bail application in a murder case.

2. We have heard the petitioner's counsel and gone through the impugned judgment. We think that the High Court has recorded 9 very detailed and well‑reasoned judgment. No question of law requiring decision by this Court, has been raised by the petitioner's counsel. We do not, therefore, consider this to be a fit case for interference The petition is consequently dismissed.

M. Y. H. Leave refused.

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