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Petitioner: MUHAMMAD ISMAIL VS Respondent: MUHAMMAD RAFIQ and another
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Saad Saood Jan Title: MUHAMMAD ISMAIL vs MUHAMMAD RAFIQ and another Case No.: Criminal Petition for Leave to Appeal No,69 of 1989 Date of Judgment:1989-03-27 Reported As: 1989 SCMR 997 Result: Leave granted
Judgment ORDER ' MUHAMMAD AFZAL ZULLAH, J.--After hearing the learned counsel in support of this petition for leave to appeal seeking cancellation of bail granted to respondent No,1 in a case under section 302, P.P.C., we consider it proper to grant the same so as to examine: (a) Whether it is an established practice of the superior Courts not to grant or cancel bail in a murder case, when its trial is to commence within a short time and the date has been fixed; and (b) Whether the dismissal of the earlier bail application of respondent No,1 on merits by the same learned Judge, would not be a bar to the grant of bail on a subsequent application; mainly, on the ground that another investigating officer found the accused innocent in other words whether for purposes of subsection (2) of section 497, Cr.P.C. And for other similar considerations, the view of the subsequent police investigator or the earlier opinion expressed by a Judge of the High Court on merits, would prevail. ' Leave to appeal accordingly is granted. ' The appeal shall be fixed for hearing before May, 1989.