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Petitioner: FATEH MOHAMMAD AND ANOTHER VS Respondent: THE STATE AND ANOTHER
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Cheema, Salahuddin Ahmad, Sheikh Anwarul Haq Title: FATEH MOHAMMAD AND ANOTHER vs THE STATE AND ANOTHER Case No.: Petition for Special Leave to Appeal No 59 of 1975 Date of Judgment:1975-03-14 Reported As: 1975 SCMR 354 Result: Petition dismissed
Judgment ORDER ' ANWARUL HAQ, J.-The two petitioners, Fateh Muhammad and Nawaz, are aggrieved by an order made by a learned Single Judge of the Lahore High Court on 5-2-1975, whereby bail allowed to them by the lower Courts was cancelled, mainly on the ground that according to the F. I. R. The petitioners were armed with guns and actually used them causing injuries to one Aslam. One pellet was said to be still embedded in his neck. ' It is submitted that although the case was registered as long ago as the 6th of July 1974, but no progress has been made in the trial in spite of the lapse of a period of eight months. As it is not shown that the High Court has acted in an illegal or improper manner in exercising the discretion vesting in it under section 497, Cr. P. C., we see no justification to interfere. We would accordingly dismiss this petition, with the observation that if the trial is unduly delayed, the petitioners would be entitled to renew their application for bail before the Court concerned.