Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: SHER AFZAL VS Respondent: THE STATEHonorable Justice MUHAMMAD YAQUB ALIMushtaq Ahmad Khawaja,Nemo
1969 P Cr
1969 P Cr. L J 130
[Supreme Court]
Present : Muhammad Yaqub Ali and Abdus Sattar, JJ
SHER AFZAL AND OTHERS‑Petitioners
Versus
THE STATE‑Respondent
Petition for Special Leave to Appeal No. 80 of 1968, decided; on 20th June 1968.
(On appeal from the judgment and order of the High Court of West Pakistan, Peshawar, dated the 29th February 1968, in Criminal Miscellaneous No. 70 of 1968).
Criminal Procedure Code (V of 1898)--------S. 497‑Cancellation of bail by High Court justified‑Special leave to appeal refused by Supreme Court.
Mushtaq Ahmad Khawaja, Senior Attorney for Petitioners.
Nemo for the State.
Date of hearing : 20th June 1968.
ORDER
MUHAMMAD YAQUB ALI, J.‑The petitioners stood charged with, the commission of the serious charges under sections 353, 148 anal 307/149, P. P. C., section 13 of the Arms Ordinance, section 9 of the Opium Act and section 167(81) of the Sea Customs Act for smuggling 81 maunds of opium and other goods. There was a pitched battle between the petitioners and the police force.
The trial Magistrate allowed bail to the petitioners, but the High Court on being moved by the State cancelled their bail.
On the facts set out in the report under section 173 of the Code of Criminal Procedure the High Court was justified in cancelling the bail granted to the petitioners and we see no reason to grant special leave to appeal in the case.
The petition is dismissed.
Leave refused.