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Petitioner: MUHAMMAD ASLAM VS Respondent: STATE
1987 S C M R 275
1987 S C M R 275
Present: Aslam Riaz Hussain, Javid Iqbal and Saad Saood Jan, JJ
MUHAMMAD ASLAM‑‑Petitioner
Versus
THE STATE‑‑Respondent
Criminal Petition for Special Leave to Appeal No. 363 of 1986, decided on 23rd December, 1986.
(On appeal from the judgment of the Lahore High Court, Lahore dated 10‑11‑1986, in Criminal Miscellaneous No. 2924/13 of 1986).
Constitution of Pakistan (1973)
‑‑‑Art. 185(3)‑‑Criminal Procedure Code (V of 1898), S. 497‑‑Penal Code (XLV of 1860), S. 302/34‑‑Bail‑‑Refusal of‑‑High Court's order refusing bail, challenged‑‑Petitioner accused under S. 302/34, P.P.C., a desperate person involved in a number of other criminal cases and had absconded earlier‑‑Trial Court of the view that his release on bail would hamper progress of case‑‑Case being not fit for interference by Supreme Court, petition dismissed.
Shamim Abbas Bokhari, Advocate Supreme Court instructed by Rana Maqbool Ahmad Qadri, Advocate‑on‑Record for Petitioner.
Nemo for the State.
Date of hearing: 23rd December, 1986.
JUDGMENT
SAAD SAOOD JAN, J.‑‑This is a petition for special leave to appeal from the order of the Lahore High Court whereby the petitioner's prayer for bail was refused. The petitioner is one of the accused person in a case under section 302, read with section 34, of the Pakistan Penal Code and the bail has been refused to him mainly on the ground that he is a desparate kind of person and is involved in a number of cases of theft, rape, criminal intimidation and house trespass. Further, he had earlier absconded and some of the accused are still at large. The Additional Sessions Judges who too had rejected his prayer for bail had observed that the progress of the case was likely to be hampered if he was released on bail. In the circumstances, we do not think that it is a fit case for this Court to interfere with the order of the High Court.
M.I. Petition dismissed.