| Citation(s) |
|---|
| 1991 SLG 1554 1991 SLD 1554 1991 SCMR 2450 |
Supreme Court of Pakistan
Criminal Petition No.4-Q of 1991, decision dated: 17-08-1991(On appeal from the judgment, dated 30-6-1991 of the High Court of Balochistan at Quetta in Criminal Bail Application No.127 of 1991)
NASIM HASAN SHAH, SHAFIUR RAHMAN AND ZAFFAR HUSSAIN MIRZA, JJ
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Criminal Petition No.4-Q of 1991, decision dated: 17-08-1991(On appeal from the judgment, dated 30-6-1991 of the High Court of Balochistan at Quetta in Criminal Bail Application No.127 of 1991)
NASIM HASAN SHAH, SHAFIUR RAHMAN AND ZAFFAR HUSSAIN MIRZA, JJ
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NASEEBULLAH
THE STATE
Law:
Section:
Criminal Procedure Code (V of 1898)--S. 497---Constitution of Pakistan (1973), Art.185(3)---Bail---Where trial of case was still proceeding, value of evidence produced in case, would not be sifted and assessed by Supreme Court---Orders of Courts below refusing bail to accused, were refused to be interfered with by Supreme Court---Trial having already taken quite some time, Trial Court was directed to proceed with hearing of trial with greater expedition and to dispose it of at an earlier date. ORDER NASIM HASAN SHAH, J: --The petitioner is an accused in a murder case and is currently being tried in the Sessions Court but the said trial, according to the learned counsel for the petitioner, has now been pending for more than a year and its conclusion is nowhere in sight. Learned counsel also points out that the sole eye-witness examined against the accused has exonerated the petitioner. He complains that the learned Judge in the High Court while refusing bail should not have taken notice of her earlier statement under section 164, Cr.P.C. as she was not confronted with it and the portions relied upon are not substantive evidence. In these circumstances the petitioner, according to the learned counsel, is entitled to bail pending the conclusion of the trial. The learned Advocate-General, Balochistan, has vehemently opposed this prayer.…
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