| Case ID |
229f2997-ed2b-4b11-96f8-312c7fd24f3f |
| Body |
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| 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)
|