KHUSHI MOHAMMAD vs The STATE — 1970 SCMR 679

Citation: 1970 SCMR 679

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-04-17

Parties: KHUSHI MOHAMMAD vs The STATE

Headnotes

Case cited as 1970 SCMR 679

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Mujibur Rahman Khan, Muhammad Yaqub Ali Khan Title: KHUSHI MOHAMMAD vs The STATE Case No.: Criminal Appeal No. 47 of 1969 Criminal Miscellaneous No. 157 of 1967 Date of Judgment:1970-04-17 Reported As: 1970 SCMR 679 Result: Bail confirmed Judgment ORDER MUHAMMAD YAQUB ALI, J.-The appellant was arrested on 1-1-1967 on charges under section 6 of the West Pakistan Foodstuffs (Control) Act, 1958, and section ly of the West Pakistan Paddy and Rice (Control) Order, 1958, on the accusation that he had in contravention of these laws imported into Lahore six maunds of rice. Bail was refused to the appellant by a local Magistrate without assigning any reason. An appeal taken to the Additional Sessions Judge, Lahore, was rejected on the ground that the appellant is a kumhar by caste. The learned Judge in the High Court dismissed a revision petition without giving any reason in support of the order refusing bail. Leave to appeal was granted on the 31st January 1967, to consider the plea that since the offence - allegedly committed by the appellant was not punishable with death or transportation for life, the Courts below were under section 497, Cr. P. C., required to give reasons for refusing bail. Interim bail was allowed to the appellant to the satisfaction of the Additional District Magistrate, Lahore, meanwhile. Since leave was granted no steps have been taken by the prosecution to bring the appellant to trial. The maximum sentence…

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