1. GHULAM SAFDAR SHAH, J.-This petition for leave to appeal is directed against the order of Chief Justice of Peshawar High Court, dated 13-11-1977, by which in a case under section 302, P. P. C. Bail was allowed by him to respondent Anwar Shah.
2. Maulvi Sirajul Haq, the learned counsel for petitioner, argued that the learned Chief Justice had granted bail to respondent on his plea of alibi which according to him was illegal. In support of his contention he relied on the judgment of this Court in the cast of Iqbalur Rehman v. The State (PLD1974SC83).
3. It is true that in the judgment cited by the learned counsel the view taken was that the plea of alibi, by which the High Court was influenced In granting bail to accused in that case, should have been left for the decision of the trial Court. But in a subsequent cast of Ch. Muhammad Shaft v. Ch. Muhammad Anwar Samma and another (1975SCMR219) a different view was taken. And consequently the bail granting order of the High Court on the plea of alibi of the accused was not interfered with. By reading ere said two judgments, it is clear that each case, in which a plea of that has been taken, by accused, has to be dealt with on its own merits, as it would se impossible to lay down a rule of thumb to be followed in all casts.
4. Now the learned Chief Justice, while granting bail to respondent Anwar Shah in this case, took into account a certificate issued to Anwar Shah from his Unit as well as the Unit Register (as he is employed in Defence Forces) that at the tine of occurrence he was on duty at Peshawar Cantonment. The learned Chief Justice has, however, not commented upon the merit of the said certificate a granted bail to Anwar Shah saying that under the circumstances, it would be just and proper.
5. On our part we do not see any reason to interfere with the impugned order. Maulvi Sirajul Haq, the learned counsel was unable to say that the order in question was unreasonable or perverse or was not passed by the learned Chief Justice in the exercise of proper discretion.
6. This petition, therefore, fails and is dismissed.