MEHAR DIN Versus ALAMDAR HUSSAIN

ORDER

1. MUHAMMAD AFZAL ZULLAH, J. ‑This petition for leave to appeal arises out of orders of the Lahore High Court; whereby it declined to cancel that bail granted to respondent No. 1 in a murder case.

2. The petition is barred by time in so far as the original order of the High Court dated 24th May, 1981 is concerned. The order dated 27‑1‑1982 by the High Court declining to make any clarification regarding order dated 12‑12‑1981 is unexceptionable. And even if this petition be treated as within time in so far as the order dated 12‑12‑1981 is considered; on merits although the argument raised by the learned counsel for the petitioner regarding law on the question of bail to an absconder, finds support from a recent judgment of this Court in Rao Qadeer Khan v. The State P L D 1981 S C 93, we, however, do not consider it a fit case for grant of leave to appeal at this stage, because the trial having commenced, a large number of witnesses were examined before one learned Judge and the case now stands transferred to another learned Judge for trial. This petition accordingly is dismissed.

3. Leave refused.