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Petitioner: RIAZ AHMAD VS Respondent: THE STATE and another
Court Name: Supreme Court of Pakistan Judge(s): Raja Afrasiab Khan, Sh. Riaz Ahmad Title: RIAZ AHMAD vs THE STATE and another Case No.: Criminal Petition for Leave to Appeal No, 28-L of 1998 Date of Judgment:1998-04-15 Reported As: 1999 SCMR 1324 Result: Bail allowed
Judgment ORDER ' RAJA AFRASIAB KHAN, J.---It is submitted by the learned counsel that bail was allowed to the petitioner, Riaz Ahmad Khan by the trial Court vide its order dated 19-6-1997 in the case having been registered against him under section 337-A(ii)(iii)/336/34, P.P.C. However, the said order granting bail to the petitioner was recalled by the High Court on 26-11-1997. It has been mentioned in the order of the High Court that notice issued to the petitioner was received by his brother. 2. Learned counsel submits that the petitioner was not served with notice and as such, he was condemned unheard. There is force in the argument of the learned counsel. In our view, the service of the petitioner through his brother is not warranted by law. It is, therefore, established that the petitioner was not heard before the bail order was set aside by the High Court. In this view of the matter, the ad-interim bail already allowed to the petitioner vide order of this Court dated 28-1- 1998 is hereby confirmed. This petition is, accordingly, converted into appeal and allowed.