MUHAMMAD ASLAM AND Another vs The STATE — 1971 SCMR 511

Citation: 1971 SCMR 511

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: MUHAMMAD ASLAM AND Another vs The STATE

Headnotes

Case cited as 1971 SCMR 511

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Hamoodur Rahman, Sajjad Ahmad Jan Title: MUHAMMAD ASLAM AND Another vs The STATE Case No.:Criminal Miscellaneous No. 1 of 1971 Petition for Special Leave to Appeal No. JUDGMENT Reported As: 1971 SCMR 511 Result: Leave refused Judgment JUDGMENT HAMOODUR RAHMAN, C. J.-This is a petition for special leave to appeal from an order of the High Court, Lahore, refusing bail to the petitioners who have been convicted by a Section 30 Magistrate under sections 326/34 and 323/34, P. P. C. And sen--tenced to five years' rigorous imprisonment under section 326/34, P. P. C. The appeal of the petitioners has been admitted for hearing and directed to be heard at Bahawalpur Circuit. Learned counsel appearing in support of the petition con--tends that the High Court did not exercise its discretion judicially in refusing bail after admitting the appeal because having regard to the present congestion of work in the High Court, by the time, this appeal comes on for hearing, the petitioners will have served out practically the whole of their sentence. This petition is barred by 14 days and the reason given for the delay is that the petitioners' brother who was looking after this case had a mild heart-attack for which he was advised three weeks complete rest. In support of this illness a medical certificate is also filed. If there have been any merit in this application for special leave we might have on this ground condoned the…

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