| Citation(s) |
|---|
| 1983 SLG 280 1983 SLD 280 1983 SCMR 341 |
Supreme Court of Pakistan
Criminal Appeal No. K 5 of 1982, decision dated: 5-09-1982.(On appeal from the judgment and order of the High Court of Sind Karachi, dated 27-05-1982 in Criminal Bail Application No. 404 of 1982)
MUHAMMAD HALEEM ACTG. C.J., SHAFIUR RAHMAN, ZAFFAR HUSSAIN MIRZA AND M. S. H. QURAISHI, JJ
Muhammad Ali Sheikh, Advocate and Faizanul Haq, Advocate on-Record for Appellant. Sayeed A. Shaikh, A. G (Sind) for
Respondent No. 1.Usman Ghani Rashid, Advocate and Ahmadullah Farooqi, Advocate on-Record for
Respondent No. 2
Criminal Appeal No. K 5 of 1982, decision dated: 5-09-1982.(On appeal from the judgment and order of the High Court of Sind Karachi, dated 27-05-1982 in Criminal Bail Application No. 404 of 1982)
MUHAMMAD HALEEM ACTG. C.J., SHAFIUR RAHMAN, ZAFFAR HUSSAIN MIRZA AND M. S. H. QURAISHI, JJ
Muhammad Ali Sheikh, Advocate and Faizanul Haq, Advocate on-Record for Appellant. Sayeed A. Shaikh, A. G (Sind) for
Respondent No. 1.Usman Ghani Rashid, Advocate and Ahmadullah Farooqi, Advocate on-Record for
Respondent No. 2
SALEH MUHAMMAD
VS
THE STATE AND ANOTHER
Law:
Section:
(a) Criminal Procedure Code (V of 1898) --S. 497 Bail High Court rejecting first application for bail-¬Fresh application on merits, held, could not be entertained by High Court unless made on grounds other than those available at time of first application. (b) Criminal Procedure Code (V of 1898) S. 497(1), third proviso Bail, grant of High Court granting bail before statutory period of two years having been elapsed High Court's order, held, passed without jurisdiction. (c) Criminal Procedure Code (V of 1898)- S. 497 (1), third proviso Bail, grant of Accused detained for continuous period exceeding two years Apprehension of delay for purposes of application of third proviso to S. 497 (1), held, not covered by statute. [Delay]. (d) Criminal Procedure Code (V of 1898) S. 497(1), third proviso Bail, grunt of Word "shall" in third proviso Interpretation of Word "shall" to be read in its ordinary sense Grant of bail on ground of delay in cases covered under third proviso, held, not left to discretion of Court. (e) Criminal Procedure Code (V of 1898) -- S. 497 (1), third proviso Bail, grant of High Court not correctly applying amended law while granting bail Order of High Court set aside and bail cancelled. JUDGMENT ZAFFAR HUSSAIN MIRZA, J. Leave was granted in this case, on 28 6 1982, to consider the following questions : (i) Whether in a case, otherwise covered (on merits) by the prohibitions contained in subsection (1) of section 497, Cr. P. . C. can bail be granted to an accused person if the offence is punishable with death, on ground of delay when the period of two, years , has not yet expired. (ii) After the enactment of amendment /proviso in section. 497/(1) wherein the period of delay has been specified, is it open to a Court to grant bail on ground of delay when admittedly statutory period has not expired, due to other considerations which were not found enough to form an independent ground for bail. (iii) Whether it was not mandatory for the High Court while granting bail to the respondent on ground of delay under section 497 (1), Cr. P. C. to consider the question/assertion raised from State/ complainant's' side that the delay was caused by the accused.…
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