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Petitioner: KALAN KHAN VS Respondent: The STATE
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Durab Patel Title: KALAN KHAN vs The STATE Case No.: Criminal Petition for Special Leave to Appeal No. 50-R of 1980 Date of Judgment:1981-11-24 Reported As: 1981 SCMR 237(1) Result: Petition dismissed
Judgment ORDER DORAB PATEL, J.-The petitioner's bail application was dismissed by the Sind High Court on 25-10- 1980, inter alia, on the ground that he was not present when his case had come up for bearing. Now, Mr. Shaukat Ali's explanation for the petitioner's absence in the High Court (except on 18-9- 1980, when the petition was admitted to regular hearing) was that the Police would have arrested him on his way to the High Court, therefore, learned counsel relied on a judgment of one of us (M. A. Zullah, J.) in Sh. Zahoor Ahmad v. The State (PLD 1974 Lah. 256). The judgment is distinguishable on the facts, because the petitioner had filed an application under section 498 of the Criminal Procedure Code and not under section 561-A of the Criminal Procedure Code. Therefore, this petition is dismissed, but the f petitioner is free to file a fresh application in the Sind High Court under section 561-A of the Criminal Procedure Code.