| Case ID |
31bcac55-1745-418a-a7b2-77898f747137 |
| Body |
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| Case Number |
Criminal Miscellaneous Petition No. 20-R of 1985 |
| Decision Date |
Oct 22, 1985 |
| Hearing Date |
Oct 22, 1985 |
| Decision |
Muhammad Khan, Ghulam Hassan, and Lal Din, the applicants (respondents in the appeal), applied for bail after being convicted under section 302, P.P.C. They were acquitted by the High Court, which led to the petitioner filing a petition for leave to appeal against their acquittal. This Court granted leave on 4-4-1984, and non-bailable warrants were issued against the respondents. They surrendered in September 1984. Since the appeal has not been fixed for hearing, they applied for bail again. The Court found that Ghulam Hassan, who had only a minor role in the incident, deserved bail, especially since more than a year had passed since the leave was granted. He was released on bail in the sum of Rs.20,000 with two sureties. The application for the other two applicants was dismissed. Thus, bail was granted to Ghulam Hassan. |
| Summary |
The case revolves around the application for bail by Muhammad Khan, Ghulam Hassan, and Lal Din following their conviction under section 302 of the Pakistan Penal Code. After their acquittal by the High Court, the petitioner sought leave to appeal, which was granted, leading to their surrender. The Supreme Court considered the minor role attributed to Ghulam Hassan and the delay in fixing the appeal for hearing, resulting in his release on bail. The decision underscores the importance of timely hearings in the bail process and highlights the Court's discretion in granting bail based on the accused's role in the alleged crime. The case serves as a precedent in similar bail applications, emphasizing the judicial principle that an accused person should not be unduly deprived of liberty when there are reasonable grounds for bail. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ASLAM RIAZ HUSSAIN ACTG. C.J.,
NASIM HASAN SHAH,
ABDUL KADIR SHAIKH,
S. A. NUSRAT, JJ
|
| Lawyers |
M.A. Zafar,
Imtiaz M. Khan,
Qazi Khalid Iqbal,
Ch. Akhtar Ali,
Mian Inamul Haq
|
| Petitioners |
MUHAMMAD KHAN
|
| Respondents |
MUHAMMAD KHAN,
Ghulam Hassan,
Lal Din
|
| Citations |
1986 SLD 303,
1986 SCMR 77
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898)
|
| Sections |
497
|