| Case ID |
0be68215-b90f-423d-babf-d5ee802136fb |
| Body |
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| Case Number |
Criminal Petition for Leave to Appeal No.331-L of |
| Decision Date |
Oct 02, 1998 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan granted leave to appeal against the Lahore High Court's order, which had suspended the respondent's sentence. The petitioner's concern was that the High Court had made observations on the merits of the case that could prejudice the appeal's outcome. The court noted that the petitioners did not object to the suspension of the sentence on statutory grounds and that the defense counsel had no objections to expunging the observations. Consequently, the Supreme Court converted the petition into an appeal and partially accepted it, expunging the findings recorded by the High Court on the case's merits, instructing that the appeal be decided uninfluenced by those previous remarks. The appeal regarding the suspension of the sentence on statutory grounds was dismissed. |
| Summary |
This case involves a criminal petition for leave to appeal, filed in the Supreme Court of Pakistan concerning the suspension of a sentence by the Lahore High Court. The petitioners argued that the High Court's observations on the merits of the case could unduly influence the appellate decision. The Supreme Court, recognizing the need for an unbiased review, ruled to expunge the prior observations while upholding the suspension on statutory grounds. The decision emphasizes the importance of maintaining impartiality in judicial proceedings, ensuring that appeals are decided solely based on their merits. This case highlights critical aspects of criminal procedure and the judiciary's role in safeguarding fair trial rights, which are essential for maintaining justice and public confidence in the legal system. Keywords: Supreme Court, criminal appeal, judicial impartiality, legal rights, fair trial. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
CH. MUHAMMAD ARIF,
MUNIR A. SHEIKH
|
| Lawyers |
Kh. Sultan Ahmad,
S. Abul Aasim Jafri,
Tanvir Ahmad
|
| Petitioners |
MUHAMMAD YAQUB
|
| Respondents |
MUNAWAR SHER
|
| Citations |
1999 SLD 387,
1999 SCMR 1323
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Constitution of Pakistan (1973)
|
| Sections |
426 (1-A),
Art.185(3)
|