BADSHA KHAN vs The STATE — 1971 SCMR 108

Citation: 1971 SCMR 108

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-08-20

Parties: BADSHA KHAN vs The STATE

Headnotes

Case cited as 1971 SCMR 108

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Muhammad Yaqub Ali Khan Title: BADSHA KHAN vs The STATE Case No.:Criminal Miscellaneous No. M-115 of 1970 Petition for Special Leave to Appeal No. K-14 of 1970 Date of Judgment:1970-08-20 Reported As: 1971 SCMR 108 Result: Leave refused Judgment ORDER MUHAMMAD YAQUB ALI, J.-The petitioner was acquitted of the charge under section 302, P. P. C. By the Additional Sessions Judge, Karachi, against which the State filed an appeal under section 417, Cr. P. C., in the High Court. The learned Judges admitted the appeal and directed that non-bailable warrants shall issue for the arrest of the petitioner. On being taken into custody the petitioner moved the High Court for bail on grounds which went to the merits of the appeal. Another Division Bench of which one of the Judges who bad admitted the appeal was a party rejected the prayer on the view that there was no ground for reviewing the earlier order and that on merits too it was not a fit case for grant of bail. In canvassing the petition for bail, Mr. Khalid M. Ishaque contended that the view expressed by the High Court that the earlier order for issuing non-bailable warrants for the arrest of the petitioner was a bar to the maintainability of the application for bail was incorrect and drew our attention to the order of acquittal which in his opinion was well-founded. We are unable to agree with the learned counsel. The occurrence took place at 9-30 p.m. And the…

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