| Citation(s) |
|---|
| 1974 SLG 263 1974 SLD 263 1974 SCMR 165 |
Supreme Court of Pakistan
Petition for Special Leave to Appeal No. 173 of 1973, decision dated: 5th October 1973.(On appeal from an order of the Lahore High Court made on the 2nd of May 1973, in Criminal Miscellaneous No. 1152-B of 1973)
MUHAMMAD YAQUB ALI AND ANWARUL HAQ, JJ
Allah Wasaya Malik, Advocate instructed by Rana Maqbool Ahmad Qadri, Advocate-on-Record for Petitioner. Abdul Majeed Khan, Advocate instructed by Hamid Aslam Qureshi, Advocate-on-Record for
Respondents Nos. 1 and 2. Nemo for
Respondent No. 3
Petition for Special Leave to Appeal No. 173 of 1973, decision dated: 5th October 1973.(On appeal from an order of the Lahore High Court made on the 2nd of May 1973, in Criminal Miscellaneous No. 1152-B of 1973)
MUHAMMAD YAQUB ALI AND ANWARUL HAQ, JJ
Allah Wasaya Malik, Advocate instructed by Rana Maqbool Ahmad Qadri, Advocate-on-Record for Petitioner. Abdul Majeed Khan, Advocate instructed by Hamid Aslam Qureshi, Advocate-on-Record for
Respondents Nos. 1 and 2. Nemo for
Respondent No. 3
MUHAMMAD KHAN
VS
ATAULLAH AND OTHERS
Law:
Section:
Criminal Procedure Code (V of 1898)-----S. 498-Bail-Delay in completion of commitment proceedings-Not per se good, ground for, enlarging accused on bail Examining nature of delay -and circumstances that caused- Necessary-Grant of bail by High Court, however, not interfered with by supreme Court in view of commitment proceedings nearing completion-Committing Magistrate could cancel bail in accordance with law in such circumstance. Riasat Ali v. Ghulam Muhammad P L D 1968 S C 353 ref.. ORDER ANWARUL HAQ, J.-The petitioner, Muhammad Khan, whose brother Gul Muhammad was murdered, is aggrieved by the order of a learned Single Judge of the High Court dated the 2nd of May 1973, whereby bail has been allowed to respondents Ataullah and Ghulam Hussain, mainly on account of delay in the completion of commitment proceedings. It is submitted that the respondents being accused of an offence punishable with death or transportation for life, were not entitled to be enlarged on bail even though they had been in custody for a year and a half, and the commitment proceedings had not been finalised. Relying on In re: Riasat Ali v. Ghulam Muhammad (P L D 1968 S C 353), the…
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