WARYAM AND 3 Others vs THE STATE AND Another — 1971 SCMR 663

Citation: 1971 SCMR 663

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-10-19

Parties: WARYAM AND 3 Others vs THE STATE AND Another

Headnotes

Case cited as 1971 SCMR 663

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Muhammad Yaqub Ali Khan Title: WARYAM AND 3 Others vs THE STATE AND Another Case No.:Criminal Petition for Special Leave to Appeal No. 220 of 1971 Criminal Miscellaneous No. 1273/13 Date of Judgment:1971-10-19 Reported As: 1971 SCMR 663 Result: Petition dismissed Judgment ORDER MUHAMMAD YAQUB ALI, J.-The petitioners have been com--mitted to stand trial under sections 148 and 302 read with section 149, P. P. C. They were refused bail by the High Court in the first instance, but the Sessions Judge who was probably not aware of that order allowed them bail inter alia on the ground that the co-accused of the petitioners was arrested after the com--mitment proceedings had been completed and it will take some time to complete the inquiry against him. The High Court has on a petition filed by the private com--plainant set aside the order granting bail from which the petitioner seeks leave to appeal. The order passed by the High Court is in accord with the rule laid down by this Court, that if a person is committed to stand trial he will not ordinarily be entitled to bail under section 497, Cr. P. C., as it cannot be said that no reasonable grounds appear to believe that he has been guilty of an offence punishable with death or transportation for life. No extra--ordinary feature to exclude the petitioner's case from this rule was brought to our notice. Mr. Asif Jan urged that as the trial of the petitioners has been…

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