| Case ID |
2057c090-2ec1-4553-b58b-6e042962cae2 |
| Body |
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| Case Number |
Criminal Petition No. 1233 of 2023 |
| Decision Date |
Nov 30, 2023 |
| Hearing Date |
Nov 30, 2023 |
| Decision |
The Supreme Court of Pakistan allowed the appeal of Muhammad Usman, granting him bail on the grounds of statutory delay in the conclusion of the trial. The court emphasized that the right to bail cannot be denied based on discretionary powers but must adhere to the conditions set forth in the Criminal Procedure Code. The court found that the delay in the trial was not attributable to the petitioner, as it was primarily due to the abscondance of co-accused individuals. The right to seek bail on statutory grounds was recognized, and the petitioner was ordered to be released upon furnishing a bail bond of Rs. 200,000. |
| Summary |
In this significant legal case, Muhammad Usman sought bail from the Supreme Court of Pakistan after being incarcerated for over two years on charges under the Pakistan Penal Code. The court's ruling focused on the principles of statutory delay under the Criminal Procedure Code, highlighting the importance of timely trials and the rights of the accused. The court noted that the delay in the petitioner’s trial was not due to any fault on his part but was instead caused by the actions of co-accused individuals. This case reinforces the legal framework surrounding bail applications, particularly regarding the third proviso of Section 497(1) of the Criminal Procedure Code. The decision is crucial for advocates and legal practitioners in understanding the nuances of bail applications and the conditions under which they can be granted, ensuring that the rights of individuals awaiting trial are upheld. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Amin-ud-Din Khan,
Athar Minallah
|
| Lawyers |
Qaiser Imam, Advocate Supreme Court,
Ali Ahmed Gillani, Additional Prosecutor General, Punjab
|
| Petitioners |
MUHAMMAD USMAN
|
| Respondents |
The STATE,
another
|
| Citations |
2024 SLD 34,
2024 SCMR 28
|
| Other Citations |
Shahbaz Akmal v. The State and another 2023 SCMR 421,
Nazir Ahmed and another v. The State and another PLD 2014 SC 241,
Syed Ayesha Subhani v. The State and others PLD 2023 SC 648,
Nazir Hussain v. Zia-ul-Haq and others 1983 SCMR 72,
Sher Ali alias Sheri v. The State 1998 SCMR 190,
Akhtar Abbas v. State PLD 1982 SC 424,
Moundar and others v. The State PLD 1990 SC 934,
Abdul Rashid v. The State 1998 SCMR 897,
Zahid Hussain Shah v. The State PLD 1995 SC 49,
Muhammad Siddique v. Muhammad Behram and another 1998 PCr.LJ 358
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Constitution of Pakistan, 1973
|
| Sections |
497,
185(3)
|