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Petitioner: SAMABO VS Respondent: THE STATE
Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Muhammad Gul, Muhammad Yaqub Ali Khan Title: SAMABO vs THE STATE Case No.: Petition for Special Leave to Appeal No, K-2 of 1975 Date of Judgment:1975-03-05 Reported As: 1975 SCMR 405 Result: Leave granted
Judgment ORDER ' MUHAMMAD Gul, J.-The petitioner herein, is an accused in proceedings before a Special Tribunal, constituted under the Defence of Pakistan Ordinance, 1971, for offences under rules 42, 43 and 49 of the Defence of Pakistan Rules, 1971 read with sections 122 and 124-A, P. P. C. He was arrested in August 1973, and has been in the look up since then, having been refused bail both by the Tribunal and by the High Court at Karachi. The High Court, vide its order dated 29-1-1975 has ruled that in a case tribal by a Special Tribunal create under the Defence of Pakistan Ordinance, it is not competent to that Court to admit the accused to bail under section 498, Cr. P. C. The petitioner seeks leave to appeal against the above order of the High Court. Learned Advocate-on-Record for the petitioner points out that leave has already been granted by this Court in Petitions for Special Leave to Appeal Nos. K-41 to K-45 of 1973 and in a number of other similar cases, to consider whether the similar view taken by the High Court in those cases is correct? ' Accordingly, we grant leave in this petition also. The appeal shall be heard alongwith the connected appeals. ' The petitioner is also allowed bail in the sum of Rs, 2000 with one surety in the like amount to the satisfaction of the Nazir of the High Court at Karachi.
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