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Petitioner: LIAQAT VS Respondent: THE STATE
Court Name: Supreme Court of Pakistan Judge(s): Ghulam Mujaddid Mirza, Nasim Hasan Shah, Ali Hussain Qazilbash Title: LIAQAT vs THE STATE Case No.: Criminal Petition No,12-R of 1989 Date of Judgment:1989-02-15 Reported As: 1989 SCMR 1067 Result: Bail granted
Judgment ORDER ' NASIM HASAN SHAH, J.--The petitioner was allowed bail by a First Class Magistrate at Swat. The State moved for cancellation of the said order but this prayer was rejected by the District and Sessions Judge, Swat. The State then moved the High Court at Peshawar for cancellation of bail which prayer was granted and the bail allowed to the petitioner was cancelled and he was ordered to be delivered to the custody of the police. This petition for leave to appeal is directed against the aforementioned order of the High Court. ' Notice was issued to the Advocate-General, N.-W.F.P. And he, as also the learned counsel for the petitioner, have been heard. The allegation against the petitioner is that he attempted to commit zina on Mst. Gohar Jan but this allegation prima facie was not very convincing and for this reason the learned Magistrate allowed him bail and this concession was maintained by the learned District and Sessions Judge. The High Court, while setting aside these orders, does not, in our view, appear to have exercised its discretion properly or reasonably. Its order, therefore, requires interference. ' This petition is, accordingly, converted into an appeal and allowed. The appellant shall be released on bail on furnishing bail bonds in the sum of Rs,10,000 with one surety in the like amount ,to the satisfaction of the trial Court.
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