| Case ID |
208d96ee-095d-487b-8bb7-3cee7832a9ec |
| Body |
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| Case Number |
Criminal Petition No. 80-L of 1999 |
| Decision Date |
Nov 22, 1999 |
| Hearing Date |
Nov 22, 1999 |
| Decision |
The Supreme Court of Pakistan denied leave to appeal for the petitioners seeking the suspension of their sentence under Section 426(1-A) of the Criminal Procedure Code. The court noted that the entitlement for bail had not matured and directed that the petitioners could file a Miscellaneous Application for an early hearing of their Criminal Appeal No. 1017 of 1998. The court emphasized that the petitioners have the right to seek a speedy resolution through the High Court without necessitating a directive from the Supreme Court. The petition was dismissed with leave refused, underscoring the procedural avenues available to the petitioners in their ongoing legal battle. |
| Summary |
In the landmark case of Criminal Petition No. 80-L of 1999 before the Supreme Court of Pakistan, the petitioners, EASAB KHAN, Mst. Ghulam Sakina, and Ghulam Mustafa, sought suspension of their life sentences for murder under Section 426(1-A) of the Criminal Procedure Code. The Supreme Court, led by Chief Justice SAIDUZZAMAN SIDDIQUI, along with Justices SH. RIAZ AHMED and CH. MUHAMMAD ARIF, examined the claims made by the petitioners, which included arguments regarding their advancing ages and health conditions. The court ruled that the petitioners' entitlement to bail had not yet matured, and they could approach the High Court for an early hearing. The decision emphasizes the importance of following procedural guidelines while ensuring that the rights of the accused are preserved. This case highlights significant aspects of criminal law and the judicial processes in Pakistan, particularly regarding the suspension of sentences and the rights of the elderly and infirm. Key legal precedents were referenced, particularly Muhammad Akram v. The State, which underscores the importance of timely appeals in the judicial system. This case serves as a critical reference point for future cases dealing with similar issues of bail and sentence suspension. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SAIDUZZAMAN SIDDIQUI, C.J.,
SH. RIAZ AHMED,
CH. MUHAMMAD ARIF, JJ
|
| Lawyers |
Ch. Ghulam Hussain, Advocate Supreme Court,
Ch. Mehdi Khan Mehtab, Advocate-on-Record
|
| Petitioners |
Ghulam Mustafa,
EASAB KHAN,
Mst. Ghulam Sakina
|
| Respondents |
THE STATE
|
| Citations |
2000 SLD 963,
2000 SCMR 1336,
2000 SLD 1376
|
| Other Citations |
Muhammad Akram v. The State 1994 SCMR 277
|
| Laws Involved |
Criminal Procedure Code (Y of 1898),
Constitution of Pakistan (1973)
|
| Sections |
426(1-A),
Art. 185(3)
|