Law:

Section:

(a) Criminal Procedure Code (V of 1890)-- ----S.498--Bail-Appeal in matter pending before High Court-Not advisable in circumstances to go into merits of case since any observations one way or other might prejudice disposal of appeal­ Single Judge having examined material brought on record before coming to his conclusion on factual aspects of case, prima facie such conclusion not appearing to be perverse or improbable. and detailed appraisal of evidence yet to be carried out by Appellate Bench, Supreme Court, held, should not pre-empt that function while dealing with limited question of interim bail-Constitution of Pakistan (1973), Art. 204. (b) Criminal Procedure Code (V of 1898)- -- S. 498-Bail, interim-Grant or refusal of interim bail--Essentially a matter within High Court's discretion--Supreme Court reluctant to interfere with exercise of such discretion unless discretion shove to be exercised arbitrarily or capriciously or in disregard of patent facts of case.-[Bail]. JUDGMENT ANWARUL HAQ, C. J.-The petitioner. Maj. (Red.) Aurangzeb, D. I. G. of Police, Azad Government of the State of Jammu & Kashmir (now confined in Kot Lakhpat Jail. Lahore), was convicted by a learned Single Judge of the Lahore High Court vide judgment dated the 24th of September 1977, for contempt under Article 204 of the Constitution read with section 4 of the Contempt of Court Act and sentenced to simple imprisonment for six months the maximum punishment provided by the law. The Appellate Bench has directed that the appeal be heard within a month, but has refused to suspend the sentence of imprisonment. The petitioner now seeks leave to appal against this part of the order. In support of this petition, Maulvi Sirajul Haq arid Mr. Sharif Hussain Bokhari contend that the evidence brought on the record in the High Court did not establish the fact that the petitioner had knowledge of the bail order made by the High Court in respect of Mr. Iftikhar Tari at the time he was taken away to Azad Kashmir from a place in the Rawalpindi district. The learned counsel submit that any subsequent…

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