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Petitioner: Dr. BEHRAM KHAN VS Respondent: NASIR AHMAD BACHA And Other
Court Name: Supreme Court of Pakistan Judge(s): Aslam Riaz Hussain, Abdul Qadir Sheikh, S. A. Nusrat Title: Dr. BEHRAM KHAN vs NASIR AHMAD BACHA And Other Case No.: Criminal Petition for Special Leave to Appeal No. 5-Q of 1985 Date of Judgment:1986-10-20 Reported As: 1986 SCMR 208 Result: Leave granted
JUDGMENT
JUDGMENT ABDUL KADIR SHAIKH, J.--This is a petition for leave to appeal from the order of Baluchistan High Court, dated 19-8-1985 rejecting petitioner's application under subsection (5) of section 497 of the Code of Criminal Procedure for cancellation of bail granted by the Sessions Judge, Quetta to Nasir Ahmed Bacha respondent 1 pending his trial in the case against him under section 302/109, P.P.C. The prosecution case against the respondent has support of several eye-witnesses, and the circumstantial evidence. The question for consideration, inter alia, is whether the facts and the circumstances of this case attracted the principles indicated by this Court in Arbab Ali v. Khamiso and others 1985 SCMR 195; Ibrahim v. Hayat Gul and others 1985 SCMR 382 and Muhammad Sadiq v. Sadiq and others PLD 1985 SC 182. We, therefore, grant leave .To appeal and allow the petition. Since in the normal course this appeal will be heard in Quetta some time in 1986, both the learned counsel pray that it may be fixed at an early date at Rawalpindi or at Lahore, preferably at Lahore on 11-11-1985. The request being legitimate is granted. The file of the case shall be transferred to Lahore for hearing there on 11-11-1985.