Law: Constitution of Pakistan, 1973

Section: 185(3)

Criminal Procedure Code (V of 1898)--- ----S. 497---Constitution of Pakistan (1973), Art. 185 (3)---Bail, grant of---Commencement of trial---Recording of prosecution evidence---Effect---Supreme Court not to unduly intervene in bail matters, which should ordinarily be left to the discretion of courts inquiring into guilt of accused persons---Such discretion had to be exercised on sound judicial principles---Supreme Court declined to interfere with the order passed by High Court---Leave to appeal was refused. Abdul Haq v. State, 1979 SCMR 254; Ghulam Nabi v. State NLR 1978 Crl. 328; Sultan Khan v. Amir Khan PLD 1977 SC 642; Haq Nawaz v. State 1969 PCr.LJ 358; Haq Nawaz v. State 1969 SCMR 174 and Allah Diwaya v. State PLD 1969 SC 98 rel. JUDGMENT JAVED IQBAL, J. --- Heard Mr. Zulfiqar Abbas Naqvi, learned Advocate Supreme Court on behalf of -Petitioner, Ch. Munir Sadiq, learned Deputy Prosecutor-General for State, scanned the entire evidence with their eminent assistance and perused the order impugned carefully. It is to be noted that challan of the case has already been submitted, trial commenced and case is fixed for recording of prosecution evidence for 26-7-2007. The -Petitioner may move an application for bail before the learned trial Court. We are deliberately withholding our comments on .merits of the case to avoid the possibility of causing prejudice against any party. By now it is well-settled that "it is not the practice of the Supreme Court to unduly intervene in bail matters, which should ordinarily be left to the discretion of the Courts inquiring into the guilt of the accused persons. The discretion has, of course, to be exercised on sound judicial principles. Leave to appeal is not granted by the Supreme Court where the grievance is that the High Court has, in the proper exercise of its jurisdiction, appreciated and assessed evidence or exercised discretion in a manner with which it is easily possible to disagree". Abdul Haq v. State 1979 SCMR 254, Ghulam Nabi v. State NLR 1978 Crl. 328, Sultan Khan v. Amir Khan PLD 1977 SC 642, Haq Nawaz v. State 1969 PCr.LJ 358; Haq Nawaz v. State 1969 SCMR 174 and Allah Diwaya v. State PLD 1969 SC 98. 2. On the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492