| Case ID |
2a8c3b4b-3382-4192-ad09-64603f108417 |
| Body |
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| Case Number |
Criminal Appeal No. 10-P of 1985 |
| Decision Date |
Dec 04, 1985 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan ruled on the procedural propriety regarding successive bail applications. It emphasized that a subsequent bail application by the same accused should be heard by the same judge who dealt with the first application unless it is impossible to do so. The court condemned the practice of having different judges hear successive applications, which may lead to conflicting decisions. The court accepted the application for condonation of delay of 66 days and subsequently cancelled the bail granted to the respondents, reinforcing the principle that a fresh ground must exist for a second or subsequent bail application. |
| Summary |
This case revolves around the procedural guidelines regarding bail applications in Pakistan's judicial system. It highlights the Supreme Court's firm stance against the practice of having different judges hear successive bail applications for the same accused, as it can lead to conflicting judgments and undermine the judicial process. The court reiterated that the same judge should handle all applications to maintain consistency and integrity in the judicial process. The ruling emphasizes the importance of transparency and accountability in legal representation, particularly the duty of counsel to disclose the status of previous applications. The case serves as a landmark decision in bail jurisprudence, reinforcing key principles that govern the handling of bail applications in Pakistan. It underlines the significance of procedural correctness and the need for judges to adhere to established practices to avoid any appearance of impropriety or bias in the judicial process. This case is crucial for legal practitioners and the judiciary, as it sets clear precedents regarding the handling of bail applications, ensuring that the rights of the accused are balanced with the interests of justice. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ASLAM RIAZ HUSSAIN,
MUHAMMAD AFZAL ZULLAH,
MIAN BURHANUDDIN KHAN
|
| Lawyers |
Bashirullah Khan, Assistant Advocate General N.W.F.P.,
Akhunzada Bahrawar, Advocate Supreme Court,
Jan Muhammad Khan, Advocate-on-Record
|
| Petitioners |
Not available
|
| Respondents |
4 OTHERS,
ZUBAIR
|
| Citations |
1986 SLD 1106,
1986 PLD 173
|
| Other Citations |
Farid v. Ghulam Hussain 1968 S C M R 924,
Muhammad Khan v. Sanaullah P L D 1971 S C 324,
Muhammad Khan v. Muhammad Aslam 1971 S C M R 789,
Khan Beg v. Sajawal P L D 1984 S C 341,
Muhammad Aslam v. The State 1968 P Cr. L J 152,
The State v. Muhammad Yousaf 1979 P Cr. L J 665,
Ghulam Hussain v. Karim Bakhsh N L R 1980 Criminal 248
|
| Laws Involved |
Constitution of Pakistan (1973),
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
185(3),
497,
498,
302,
307,
148,
149
|