M TAIMOOR ALI vs State2024 SCMR 209
Bail application dismissed as withdrawn---Subsequent/second bail application, filing of---Fresh grounds---Scope---Present criminal petition for leave to appeal had been filed against the impugned order of the High Court wherein it was recorded that the petitioner's counsel did not press the (bail) petition in order to approach the Supreme Court---As per counsel of petitioner (accused) this statement was made because earlier the matter had come before the Supreme Court in another petition which was disposed of by recording that petitioner's counsel did not press it for the time being; and that a fresh ground had accrued to the petitioner on which bail was sought---Held, that if a fresh ground had become available to the petitioner prior to the passing of the impugned order then counsel should not have withdrawn the petition, but insisted that the petition be decided on merits---Legal position on the present issue was by now well settled by the Supreme Court in the cases reported as Nazir Ahmad v. State (PLD 2014 Supreme Court 241) and Muhammad Aslam v. State (PLD 2015 Supreme Court 41)---At present stage counsel for petitioner stated he did not press present petition as he wanted to avail an alternate remedy.
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