| Case ID |
42e9b8a7-f4d4-4f04-a783-da7322fdcc8f |
| Body |
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| Case Number |
Cr.P.L.S.A. No.1781L of 1992 |
| Decision Date |
Jun 27, 1992 |
| Hearing Date |
Jun 16, 1992 |
| Decision |
The Supreme Court of Pakistan ruled that the High Court's decision to deny bail under section 426(1-A) of the Criminal Procedure Code was justified, considering the severity of the accusations against the petitioner. The court emphasized that the appellate court has discretion in deciding bail applications and that inordinate delay does not automatically entitle a convict to bail. The court upheld the High Court's discretion in refusing to suspend the sentence, highlighting the seriousness of the charges and prior convictions involved in the case. |
| Summary |
In the case of Cr.P.L.S.A. No.1781L of 1992, the Supreme Court of Pakistan addressed critical issues surrounding bail under the Criminal Procedure Code. The court analyzed section 426(1-A) and section 497(1) of the Criminal Procedure Code, emphasizing the distinction between the two provisions. It was determined that the appellate court has the authority to deny bail even after the expiration of the designated timeframes if justified reasons are provided. The case involved the petitioner, Shahbaz, who was seeking bail after being convicted of serious offenses, including murder. The court ruled that the High Court's refusal to grant bail was reasonable, given the nature of the charges and the circumstances surrounding the case. This decision reinforces the importance of judicial discretion in bail matters, particularly in cases involving violent crimes and prior convictions. The ruling reiterates the necessity for courts to consider the potential risk to public safety when determining bail applications. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
AJMAL MIAN,
RUSTAM S. SIDHWA
|
| Lawyers |
Sardar Muhammad Latif Khan Khosa
|
| Petitioners |
SHAHBAZ
|
| Respondents |
THE STATE
|
| Citations |
1992 SLD 781,
1992 SCMR 1903
|
| Other Citations |
Manzoor Hussain v. State 1982 SCMR 357,
Abdur Rashid v. State 1988 SCMR 149
|
| Laws Involved |
Criminal Procedure Code (V of 1898)
|
| Sections |
426(1-A),
497(1)
|