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1982 SC M R670

MEHAR DIN vs ALAMDAR HUSSAIN AND ANOTHER.S

Citation1982 SC M R670
CourtSupreme Court of Pakistan
Case No.Criminal Petition for Special Leave to Appeal No. 10-R of 1982 Criminal
Date1982-04-16
Judge(s)Nasim Hasan Shah, Muhammad Afzal Zullah
ResultLeave refused

ORDER

1. MUHAMMAD AFZAL ZULLAH, J.-This petition for leave to appealarises out of orders of the Lahore High Court; whereby it declined to cancel that bail granted to respondent No. 1 in a murder case.

2. The petition is barred by time in so far as the original order of the High Court dated 24th May, 1981 is concerned. The order dated 27-1-1982 by the High Court declining to make any clarification regarding order dated 12-12-1981 is unexceptionable. And even if this petition be treated as within time in so far as the order dated 12-12-1981 is considered; on merits although the argument raised by the learned counsel for the petitioner regarding law on the question of bail to an absconder, finds support from a recent judgment of this Court in Rao Qadeer Khan v. The State PLD 1981 SC 93, we, however, do not consider it a fit case for grant of leave to appeal at this stage, because the trial having commenced, a large number of witnesses were examined before one learned Judge and the case now stands transferred to another learned Judge for trial. This petition accordingly is dismissed.

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