| Case ID |
054047aa-c8e8-42c3-8c0d-d1448ea2f327 |
| Body |
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| Case Number |
Petition for Leave to Appeal No.367 of 1988 |
| Decision Date |
Jan 23, 1989 |
| Hearing Date |
Jan 23, 1989 |
| Decision |
Leave to appeal has been sought from the order, dated 6th December, 1988, of the Lahore High Court, whereby bail in a double murder case, on the statutory ground of delay, was refused. The refusal was based on the assertion that the petitioners' case fell under the exception which disentitled a person to bail due to their classification as hardened, desperate, and dangerous criminals. The learned counsel for the petitioners argued that the petitioners deserved reconsideration based on precedents, particularly relying on the leave grant order in the case of Mounder and others v. The State, 1988 SCMR 1113, which prima facie supported the petitioners' case for leave. The Supreme Court found merit in the petitioners' arguments and granted leave to appeal, indicating the case would be heard in conjunction with the decision of the appeal in the referenced case. |
| Summary |
In the landmark case of Muhammad Afzal Zullah, Javid Iqbal, and Usman Ali Shah, the Supreme Court of Pakistan addressed a significant legal question regarding bail in a double murder case. The petitioners, represented by advocates Sh. Ijaz Ali and M. Aslam Uns, sought leave to appeal against the Lahore High Court's refusal to grant bail on statutory grounds of delay. The Court deliberated on the constitutional provisions under the Constitution of Pakistan, 1973, particularly Section 185(3), alongside relevant laws including the Criminal Procedure Code and the Penal Code. The decision underscored the importance of judicial precedents, particularly referencing Mounder and others v. The State, highlighting the necessity for a fair hearing and consideration of the petitioners' circumstances. This case is pivotal in understanding the legal frameworks governing bail and the rights of accused individuals within the judicial system of Pakistan. The ruling sets a precedent for future cases where the implications of being categorized as a 'dangerous criminal' could affect the grant of bail, ensuring that such determinations are carefully scrutinized. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
JAVID IQBAL,
USMAN ALI SHAH
|
| Lawyers |
Sh. Ijaz Ali,
M. Aslam Uns
|
| Petitioners |
another,
MUSHTAQ AHMAD
|
| Respondents |
THE STATE
|
| Citations |
1989 SLD 849,
1989 SCMR 992,
1989 SLD 1405
|
| Other Citations |
Mounder and others v. The State 1988 SCMR 1113
|
| Laws Involved |
Constitution of Pakistan, 1973,
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
185(3),
497(1),
302
|