Case Details

Citation(s)
1971 SLG 3048 1971 SLD 3048 = 1971 PCRLJ 330
Lahore High Court
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

Law: West Pakistan Foodstuffs (Control) Act, (XX of 1958)

Section: 6

(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 (V of 1898) S. 497-Bail-Alleged offence punishable at maximum with 3 years' imprisonment or fine, or both-No steps taken by prosecution to bring accused to trial till date fixed for hearing of appeal in Supreme Court against order refusing bail-Interim bail granted earlier confirmed by Supreme Court in view of provisions of S. 497 and circumstances of case West Pakistan Foodstuff's (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 14 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 or 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…
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