MUHAMMAD KHAN vs MUHAMMAD ASLAM AND 3 Other — 1971 SCMR 789

Citation: 1971 SCMR 789

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-01

Parties: MUHAMMAD KHAN vs MUHAMMAD ASLAM AND 3 Other

Headnotes

Case cited as 1971 SCMR 789

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Muhammad Yaqub Ali Khan Title: MUHAMMAD KHAN vs MUHAMMAD ASLAM AND 3 Other Case No.: Criminal Appeal No. 123 of 1970 Date of Judgment:1971-12-01 Reported As: 1971 SCMR 789 Result: Order accordingly JUDGMENT JUDGMENT MUHAMMAD YAQUB ALI , J.---This appeal is directed against the order dated 3rd December 1968; of a learned Single Judge of the erstwhile High Court of West Pakistan, Lahore Seat, granting bail to the respondents,- who are charged under section 302, P. P. C. For the murder of one Nawab of Dera Nawab, P..S. Sadder, Sargodha. It was observed at the leave stage that another learned Judge of the High Court having refused bail to the respondents on 10th October 1968, it required consideration whether his order was open to review more particularly as the grounds raised in the subsequent petition were similar to the grounds urged in the former application for bail. The rule of propriety also required that the second bail application should have been referred to the learned Judge who had already dealt with this matter. Since leave was granted this Court has in more than one case pointed out that as a judgment delivered in a criminal case is-not open to review under the Code, it is not proper for a learned Judge of the High Court to allow bail to an accused person who has been earlier refused bail by another Judge of the same Court. ,q It does not mean that once bail is refused by the High Court no fresh…

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