| Case ID |
42d5a4aa-5762-4924-899c-a28a9bf5edfd |
| Body |
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| Case Number |
Criminal Petition No.4-Q of 1991 |
| Decision Date |
Aug 17, 1991 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition for bail, affirming that the trial was still ongoing and that the lower courts had properly exercised their discretion in refusing bail. The Court emphasized that it does not typically assess evidence while a trial is in progress. However, it acknowledged the lengthy duration of the trial and directed the trial court to expedite proceedings, aiming for a resolution within three months. This decision underscores the Court's commitment to judicial efficiency while respecting the legal process. |
| Summary |
The case revolves around a bail application filed by NASEEBULLAH, an accused in a murder trial that has been pending for over a year in the Sessions Court. The main contention was that the sole eye-witness had exonerated the petitioner, and the counsel argued that the trial's delay warranted bail. However, the Advocate-General for Balochistan opposed the bail, citing implicating recoveries and the potential for the witness to be recalled. The Supreme Court ruled that it would not interfere with the lower courts' decisions at this stage, given the ongoing trial, but it urged the trial court to expedite the proceedings. This case highlights the balance between the rights of the accused and the judicial process, emphasizing the importance of timely justice in the legal system. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
NASIM HASAN SHAH,
SHAFIUR RAHMAN,
ZAFFAR HUSSAIN MIRZA
|
| Lawyers |
learned counsel for the petitioner,
learned Advocate-General, Balochistan
|
| Petitioners |
NASEEBULLAH
|
| Respondents |
THE STATE
|
| Citations |
1991 SLD 1554,
1991 SCMR 2450
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Constitution of Pakistan (1973)
|
| Sections |
497,
185(3)
|