Legal Case Summary

Case Details
Case ID 229f2997-ed2b-4b11-96f8-312c7fd24f3f
Body View case body.
Case Number Criminal Petition No. 12-L of 1997
Decision Date Feb 11, 1997
Hearing Date Feb 11, 1997
Decision The Supreme Court of Pakistan dismissed the petition seeking leave to appeal against the Lahore High Court's order allowing bail to the accused, Ghulam Abbas and Arif Hussain. The court found that the delay in the trial was not attributable to the accused, as the statutory provisions of the Criminal Procedure Code indicated that a person accused of an offense punishable by death should be granted bail if they have been detained for over two years without the conclusion of their trial. The court concluded that the petitioner's claims regarding the accused's responsibility for the delays were unfounded and therefore refused the leave to appeal.
Summary In the case of Criminal Petition No. 12-L of 1997, the Supreme Court of Pakistan addressed the issue of bail cancellation for the accused Ghulam Abbas and Arif Hussain, who were charged under sections 302, 34, and 109 of the Penal Code. The petitioners argued that the delay in the trial was partly caused by the accused, thus disqualifying them from bail under section 497 of the Criminal Procedure Code. However, the court held that the delays were not due to any act or omission by the accused, and the statutory provisions entitled them to bail after being incarcerated for over two years. This case underscores the importance of timely trials and the legal protections afforded to accused individuals under Pakistani law. Key legal principles regarding bail, statutory delays, and the responsibilities of the prosecution and defense in ensuring a fair trial are highlighted. The ruling reinforces the necessity for courts to adhere to established legal standards in granting bail, ensuring that justice is served while respecting the rights of the accused.
Court Supreme Court of Pakistan
Entities Involved Not available
Judges ZIA MAHMOOD MIRZA, RAJA AFRASIAB KHAN
Lawyers Nawab Saeedullah Khan, Syed Abul Aasim Jafri, J.V. Gardner
Petitioners SHAUKAT ALI
Respondents ARIF HUSSAIN, GHULAM ABBAS
Citations 1998 SLD 1213, 1998 SCMR 228
Other Citations Not available
Laws Involved Criminal Procedure Code (V of 1898), Penal Code (XLV of 1860), Constitution of Pakistan (1973)
Sections 497(5), 302, 34, 109, 185(3)