| Citation(s) |
|---|
| 1987 SLG 743 1987 SLD 743 1987 SCMR 1879 |
Supreme Court of Pakistan
Criminal Petition for Special Leave to Appeal No.85 of 1987, decision dated: 24-05-1987. On appeal from the order of the Lahore High Court, Lahore dated 25-1-1987 in Criminal Miscellaneous No.2867/B of 1986
ASLAM RIAZ HUSSAIN AND SAAD SAOOD, JAN, JJ
Riyasat Ali, Advocate Supreme Court instructed by Mahmood A. Qureshi, Advocate-on-Record for Petitioners. Syed Abul Aasam Jafari, Advocate-on-Record and Wahid-ud-Din Virk, Advocate Supreme Court for
Respondents Nos. 1 to 3. S.M. Zubair, A.A.G. for Respond
Criminal Petition for Special Leave to Appeal No.85 of 1987, decision dated: 24-05-1987. On appeal from the order of the Lahore High Court, Lahore dated 25-1-1987 in Criminal Miscellaneous No.2867/B of 1986
ASLAM RIAZ HUSSAIN AND SAAD SAOOD, JAN, JJ
Riyasat Ali, Advocate Supreme Court instructed by Mahmood A. Qureshi, Advocate-on-Record for Petitioners. Syed Abul Aasam Jafari, Advocate-on-Record and Wahid-ud-Din Virk, Advocate Supreme Court for
Respondents Nos. 1 to 3. S.M. Zubair, A.A.G. for Respond
MUHAMMAD KHAN
VS
MUHAMMAD MUMTAZ and others
Law:
Section:
Penal Code (XLV of 1860)-----Ss. 307, 109, 148 & 149--Criminal Procedure Code (V of 1898), Ss. 497 & 498--Constitution of Pakistan (1973), Art. 185(3)--Bail, cancellation of--High Court while dismissing petitioner's application for cancellation of bail of accused observing that it was highly improper for Sessions Judge to have admitted the respondents to bail after their bail application had been dismissed on merits by High Court-Interference with order of Sessions Judge, however, was declined by High Court for reasons that the case was at evidence stage and likely to conclude shortly and that the respondents had undertaken to make earnest efforts for quick trial and not to impede or thwart the trial in any manner--Petitioner stating that both the said expectations had not materialised and that the conduct of respondents was calculated to delay the completion of trial on one pretext or the other--Case, held, was not fit one for interference with the order of High Court--Grounds upon which High Court had refused to cancel bail of respondents having proved illusory, the petitioner might move High Court again for cancellation of bail granted to respondents and it would be for High Court to consider whether in circumstances now prevailing it would like to reconsider its earlier order--Petition for leave to appeal dismissed. ORDER SAAD SAOOD JAN, J.--This is a petition for special leave to appeal from the order dated 25-1-1987 of the Lahore High Court dismissing the application of the petitioner for cancellation of bail granted by the Sessions Judge, Sargodha to respondents Nos. 1, 2, and 3 who were involved in a case registered under section 307, read with sections 109 and 149, and section 148 of the Pakistan Penal Code. 2. The learned Single Judge in the High Court who dismissed the…
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