Case Details

Citation(s)
1993 SLG 504 1993 SLD 504 1993 SCMR 65
Supreme Court of Pakistan
Criminal Petition No.75-L of 1992, decision dated: 24-03-1992(On appeal from the order of the Lahore High Court Bench at Multan dated 26-2-1992 passed in Cr. Misc. No.161-B of 1992)
MUHAMMAD AFZAL LONE AND SAJJAD ALI SHAH, JJ

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KHAN MUHAMMAD and others

THE STATE

Law:

Section:

Criminal Procedure Code (V of 1898)--S.497---Penal Code (XLV of 1860), Ss.295-A, 295-B & 295-C---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal---Contention, that order of the High Court directing Trial Court to decide the case before the specified date failing which to release the accused on bail amounted to withholding of bail for a specified period, had considerable merit---High Court should have disposed of the bail application one way or the: other---High Court's order being not on merits was set aside and the bail application was remanded to High Court for disposal on merits. JUDGMENT SAJJAD ALI SHAH, J.---Petitioners before us seek leave to appeal against order dated 26-2-1992 of Multan Bench of Lahore High Court, whereby their bail application is disposed of by directing trial Court to conclude the trial before 27-4-1992, failing which the trial Court shall release petitioners on bail. 2. It appears from the record that a case under section 295-A, P.P.C. was registered with police, City Dera Ghazi Khan on the written orders passed by District Magistrate, Dera Ghazi Khan on the application presented to him by complainant Allah Wasaya to the effect that through wrong translation of Holy Qur'an in Saraiki language, petitioner Khan Muhammad had outraged religious feelings of Muslim Ummah. During investigation second petitioner Rafiq Ahmed has also been joined as co-accused and against both of them offences mentioned are 295-A, B and C., P.P.C. Trial Court of Additional Sessions Judge-II has rejected bail application on merits vide order dated 30-1-1992. After…
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