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1987 SCMR 1356

MUHAMMAD SALEEM vs THE STATE And Other

Citation1987 SCMR 1356
CourtSupreme Court of Pakistan
Case No.Criminal Petition for Special Leave to Appeal No.57 of 1987 Criminal
Judge(s)Nasim Hasan Shah, Saad Saood Jan
ResultOrder accordingly

SAAD SAOOD JAN, J.--The petitioner seeks leave to appeal from the order dated 14-2-1987 of Lahore High Court whereby it declined to cancel the bail granted to respondents Nos. 2 to 5 by the Additional Sessions Judge, Faisalabad in a case registered under section 379 of the Pakistan Penal Code. The allegations against the said respondents were that they had committed theft of Kinoo plants which the petitioner had planted in an area of about six Acres.

2. After hearing the learned counsel we do not think that any case for interference by this Court with the order of the High Court has been made out. The grievance of the petitioner is that the High Court and the learned Additional Sessions Judge have made certain observations in their orders which are likely to affect the trial. In this regard we may mention that the observations recorded by the High Court and the Additional Sessions Judge are only of an ad hoc nature and were relevant only in the context of the bail application. They should be entirely disregarded by the trial Court which should decide the case before it entirely on the basis of the evidence led at the trial. With these observations we dismiss this petition.

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