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Petitioner: MUHAMMAD KHAN VS Respondent: ATAULLAH AND Other
Court Name: Supreme Court of Pakistan Judge(s): Sheikh Anwarul Haq, Muhammad Yaqub Ali Khan Title: MUHAMMAD KHAN vs ATAULLAH AND Other Case No.:Criminal Miscellaneous No. 1152-B of 1973 Petition for Special Leave to
Appeal No. 173 of 1973 Date of Judgment:1974-10-04 Reported As: 1974 SCMR 165 Result: Leave refused Judgment ORDER ANWARUL HAQ, J.-The petitioner, Muhammad Khan, whose brother Gul Muhammad was murdered, is aggrieved by the order of a learned Single Judge of the High Court dated the 2nd of May 1973, whereby bail has been allowed to respondents Ataullah and Ghulam Hussain, mainly on account of delay in the completion of commitment proceedings. It is submitted that the respondents being accused of an offence punish--able with death or transportation for life, were not entitled to be enlarged on bail even though they had been in custody for a year and a half, and the commitment proceedings had not been finalised. Relying on In re: Riasat A.I v. Ghulam Muhammad (PLD 1968 SC 353), the learned counsel submits that delay by itself is not a good reason for allowing bail in such cases. We agree that delay by itself would not justify the grant of bail. I would be necessary, as laid down in the case of Riasat A.I referred to by the learned counsel, to examine the nature of the delay and the circumstance that have caused it. Now, in the instant case it is possible that a different view could be taken on this account but we are not inclined to interfere at this stage with the discretion exercised by the High Court as we are informed that commitment proceedings are nearing completion and the evidence of only three formal witnesses remains to be recorded. In these circumstances, it would be appropriate to await the result of these pro--ceedings. If the respondents are committed for trial, it shall be open to the learned Magistrate to consider the cancellation of their bail in accordance with law. With these observations, the petition is disposed of.