MUHAMMAD YASEEN And 11 Others vs The STATE
This matter concerns a petition for leave to appeal filed by Muhammad Yaseen and 11 others against an order of the High Court, which had previously dismissed their application for bail in a criminal case. The petitioners were accused of serious offenses, including attempted murder and arson, involving the blocking of a road and the burning of a truck. Upon the matter coming before the Supreme Court, the counsel for the petitioners requested to withdraw the petition. The stated intention behind this withdrawal was to allow the petitioners to approach the trial court directly with a fresh bail application based on new grounds. Consequently, the Supreme Court dismissed the petition as not pressed. The judgment establishes the procedural principle that where a petitioner seeks to pursue bail on fresh grounds, they may withdraw a pending petition for leave to appeal before the Supreme Court to seek relief from the trial court in the first instance.
- Can a petitioner withdraw a petition for leave to appeal to seek bail from the trial court on fresh grounds?
- Is a petition for leave to appeal dismissible if the petitioner requests to withdraw it as not pressed?
- Section 307, Pakistan Penal Code 1860
- Section 382, Pakistan Penal Code 1860
- Section 341, Pakistan Penal Code 1860
- Section 436, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
ORDER
ASLAM RIAZ HUSSAIN, ACTG, C.J.--Muhammad Yaseen and 11 others have filed petition for leave to appeal against the order of the High Court dated 8-9-1985, dismissing their bail application.
2. The petitioner are accused of serious offences under sections 307, 382, 341, 436, 148 and 149, P.P.C.
The facts of the case as alleged by the prosecution are that on the night of occurrence the accused blocked the road and stopped a truck. Firing was resorted to with a view to instil fear in the minds of the occupants of the truck The driver and the conductor came out where after the accused sprinkles: oil on the truck (which is stated to be worth Rs.3,50,000), while Muhammad Afzal (absconder) set it on fire.
The accused/petitioners applied for grant of bail directly to the High Court which was rejected vide the impugned order.
Hence the present petition.
3. We have heard the petitioners' counsel for some time. He submitted that he wishes to withdraw the petition so as to file another application for bail before the trial Court on fresh grounds. The petition is, therefore, dismissed as not pressed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.