STATE Through A. G., N. W.F.P. vs MUHAMMAD ASHRAF KHAN TAREEN
The State filed an appeal against an order passed by a learned Single Judge of the Peshawar High Court, which had granted bail to the respondent on medical grounds. The Supreme Court noted that it had already issued a detailed order in a connected Criminal Appeal (Criminal Appeal No. 48 of 1990), which was filed by the complainant party against the same High Court order granting bail to the respondent. Upon the representation of the Additional Advocate-General, N.-W.F.P., who stated that in light of the observations and directions provided in the aforementioned connected appeal, the State did not wish to pursue the current matter, the Supreme Court disposed of the appeal as not pressed.
- Can an appeal be disposed of as not pressed when the issues raised have been addressed in a connected appeal?
- Is a bail order granted by a High Court subject to challenge by the State in the Supreme Court?
ORDER
NAIMUDDIN, J.--This appeal, by leave, by the State is from the order passed by a learned Single Judge of the Peshawar High Court, Peshawar dated 4-9-1989 granting bail to the respondent on medical ground.
2. We have already passed a detailed order in Criminal Appeal No.48 of 1990 which was filed by Sher Muhammad Khan, the father of the deceased Mazhar Sher Khan, against the same order of the High Court granting bail to the respondent. Mian M. Ajmal, learned Additional Advocate- General, N.-W.F.P., states that in view of the observations and directions made in the order passed in the aforesaid appeal, he would not press this appeal. It is accordingly disposed of as not pressed.