Legal Case Summary

Case Details
Case ID 266502e9-cdd6-4449-814f-ee43d3f7058b
Body View case body.
Case Number Criminal Miscellaneous Application No. 204 of 1977
Decision Date Mar 16, 1977
Hearing Date Mar 16, 1977
Decision The petitioner's application under section 491 of the Criminal Procedure Code seeking to be set at liberty was dismissed. The court noted that the petitioner was still required to undergo the unexpired portion of his sentence awarded by the Illaqa Magistrate, Mianwali. The court directed that if the petitioner was not required in connection with any other case, his custody should be handed over to Mianwali Police in response to the requisition already received. The request for transfer of custody was deemed reasonable, subject to the facts stated in the order being correct.
Summary In the case of Anis Ahmad vs. The State, the Sindh High Court addressed the petitioner's request for release from custody under section 491 of the Criminal Procedure Code. Anis Ahmad had been convicted and sentenced by the Illaqa Magistrate, Mianwali, and was appealing his conviction while being held as an under trial prisoner in Karachi. The court observed that the petitioner had been acquitted in all pending cases at Karachi and argued for his release based on the time served since his last acquittal. However, the court affirmed that the petitioner remained under a lawful detention as he was still required to serve the remainder of his sentence. The court ultimately dismissed the petition, but ordered that if the petitioner was not needed for any further cases, he should be transferred to Mianwali Police to serve the unexpired portion of his sentence. This case highlights issues of custody, detention, and the legal proceedings surrounding criminal appeals in Pakistan.
Court Sindh High Court
Entities Involved Not available
Judges ABDUL KADIR SHAIKH, C.J, S. A. NUSRAT, J
Lawyers Mr. Abrar Hassan
Petitioners Anis Ahmad
Respondents The State
Citations 1977 SLD 1859, 1977 PCRLJ 650
Other Citations Not available
Laws Involved Not available
Sections Not available