| Citation(s) |
|---|
| 1970 SLG 3142 1970 SLD 3142 = 1970 SCMR 679 |
Supreme Court of Pakistan
Criminal Appeal No. 47 of 1969, decided on 17th April 1970.
Presented By: Muhammad Yaqub Ali and M. R. Khan, JJ
A. G. Chaudhry, Advocate Supreme Court instructed by Abdul Karim Sheikh, Advocate- on-Record for Appellant. Nemo for the State.
Criminal Appeal No. 47 of 1969, decided on 17th April 1970.
Presented By: Muhammad Yaqub Ali and M. R. Khan, JJ
A. G. Chaudhry, Advocate Supreme Court instructed by Abdul Karim Sheikh, Advocate- on-Record for Appellant. Nemo for the State.
KHUSHI MOHAMMAD-Appellant
VERSUS
THE STATE-Respondent
Law: Criminal Procedure Code (V of 1898)
Section: 497
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 18th January 1967, in Criminal Miscellaneous No. 157 of 1967). Criminal Procedure Code (Y of 1898), S. 497- Bail Alleged offence punishable with maximum 3 year's imprison ment or fine, or both-No steps taken by prosecution to bring accused to trial till date fixed for haring of appeal in Supreme Court-Interim bail granted earlier confirmed by Supreme Court in view of provisions of S. 497 and circumstances of case West Pakistan Foodstuffs (Control) Act (XX of 1958). S. 6 and West Pakistan Paddy and Rice (Control) Order, 1958, S. 14. Date of hearing : 17th April 1970. ORDER MUHAMMAD YAQUB ALI, J.-The appellant was arrested on 1-1-1967 on charges under section 6 of the West Pakistan Foodstuffs (Control) Act, 1958, and section ly of the West Pakistan Paddy and Rice (Control) Order, 1958, on the accusation that he had in contravention of these laws imported into Lahore six maunds of rice. Bail was refused to the appellant by a local Magistrate without assigning any reason. An appeal taken to the Additional Sessions Judge, Lahore, was rejected on the ground that the appellant is a kumhar by caste. The learned Judge in the High Court dismissed a revision petition without giving any reason in support of the order refusing bail. Leave to appeal was granted on the 31st January 1967, to consider the plea…