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1982 SCMR 1145

NAZIR HUSSAIN vs ZIAUL HAQ AND OTSHERS

Citation1982 SCMR 1145
CourtSupreme Court of Pakistan
Case No.Cr. Misc. Nos. 96/13 Crl. Misc. No. 97/13 Criminal Petition on Special Leave to
Date1982-06-13
Judge(s)Nasim Hasan Shah, Muhammad Afzal Zullah, Shafi-ur-Rehman
ResultLeave granted

ORDER

1. MUHAMMAD AFZAL ZULLAH, J---Leave is granted in this matter to consider

(a) Whether the learned Single Judge in the High Court was competent to grant bail to the respondents Nos. 1 and 2 on consideration of merits, when the Supreme Court had earlier refused bail to the respondent after consideration of the case merits.

(b) Whether the respondents' plea of bail before the High Court on ground of delay was covered under the relevant proviso to sub--section (1) of section 497, Cr. P. C.

(c) If not, whether the respondents could be allowed bail on ground o delay as a general consideration independent of the statutory provision in this behalf.

2. The appeal shall be made ready on the present record with liberty to the parties to file additional documents, and, shall be fixed for hearing in the week commencing 26th June, 1982, at Rawalpindi.

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