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Petitioner: SULEMAN KHAN AND ANOTHER VS Respondent: THE STATE
Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Abdul Qadir Sheikh Title: SULEMAN KHAN AND ANOTHER vs THE STATE Case No.: Criminal Petition for Special Leave to Appeal No, 400 of 1974 Date of Judgment:1974-12-09 Reported As: 1975 SCMR 131 Result: Appeal allowed
JUDGMENT
JUDGMENT ' Abdul. KADIR SHAIKH, J.-A learned Single Judge of the Lahore High Court while cancelling bail granted to Suleman Khan and his brother Shabbir Khan, petitioners herein, directed by the order dated the 28th November 1974, that they shall be taken into custody by the concerned District authorities. It is submitted by learned counsel in support of this petition for special leave to appeal that the learned Single Judge in the High Court ignored the fact that no process of any kind has been issued against the petitioners by the Magistrate dealing with the case and no direction regarding their custody in jail could, therefore, be given by the High Court. After tearing the learned counsel for the petitioners we converted the petition into appeal. Learned counsel appearing for the State conceded that no coercive process has yet been issued against the petitioners in the complaint-case by the 1st Class Magistrate, Gujranwala, and that they are also not required for police custody in connection with the First Information Report registered under section 302/34, P. P. C. At the Police Station, Kamoke. ' In view of this admitted position, the impugned order passed by the learned Single Judge is set aside and the appeal is allowed. The First Class Magistrate, Gujranwala will, however, deal with the complaint filed against the petitioners according to law.
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