ABDUL GHAFOOR vs The STATE — 1971 SCMR 155

Citation: 1971 SCMR 155

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-01-22

Parties: ABDUL GHAFOOR vs The STATE

Headnotes

Case cited as 1971 SCMR 155

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Hamoodur Rahman, Muhammad Yaqub Ali Khan Title: ABDUL GHAFOOR vs The STATE Case No.: Petition for Special Leave to Appeal No. 9 of 1971 Date of Judgment:1971-01-22 Reported As: 1971 SCMR 155 Result: Leave refused JUDGMENT JUDGMENT SALAHUDDIN AHMED, J.-This petition for special leave to appeal is from the order of a learned Single Judge of the Lahore High Court refusing to grant bail to the petitioner, who has been convicted under section 325 of the Pakistan Penal Code and sentenced to suffer rigorous imprisonment for six years as well as to pay a fine of Rs. 1,400, by a Section 30, Cr. P. C. Magistrate. The petitioner's co-accused Abdus Sattar has been convicted and sentenced under section 323 of the Pakistan Penal Code to rigorous imprisonment for one year. The Lahore High Court, Bahawalpur Circuit, admitted the appeal of the two convicts and while it granted bail to Abdus Sattar, it refused bail to the petitioner. On behalf of the petitioner it has been contended that the High Court should not have refused bail to the petitioner merely because he was sentenced to a long term of imprisonment parti--cularly when the appeal was not likely to be heard for a long time. This contention has no force. Unless the petitioner succeeds in showing that the High Court, which has a discretion in the matter, has used its discretion on principles which cannot be supported in law, this Court will not interfere with the High…

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