2000 PLP 1642 (SCMR)
STATE OF PAKISTAN — Petitioner Versus Dr. MUHAMMAD USMAN FAROOQUI — Respondent
| Citation | 2000 PLP 1642 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Saiduzzaman Siddiqui, C.J., Mamoon |
| Parties | STATE OF PAKISTAN — Petitioner Versus Dr. MUHAMMAD USMAN FAROOQUI — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2000 PLP 1642 (SCMR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2000 PLP 1642 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Saiduzzaman Siddiqui, C.J., Mamoon.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2000 PLP 1642 (SCMR) (STATE OF PAKISTAN — Petitioner Versus Dr. MUHAMMAD USMAN FAROOQUI — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- S. Mamoon Hussain, Advocate Supreme Court and Akhlaq Ahmed Siddiqui, Advocate-on-Record for Petitioner.
- Nemo for Respondent.
- ' Date of hearing: 15th July, 1999.
Headnotes / Summary
S. 497
Limitation Act (IX of 1908), S. 5
Constitution of Pakistan (1973), Art. 185(3)
Cause for delay was departmental delays
Petition was barred by 393 days
Contention by the prosecution was that departmental delays be condoned in the larger interest of justice, equity and good conscience
Ground so mentioned in application for condonation of delay hardly made out sufficient cause for condonation of delay
Petition was dismissed as time-barred.
Judgment & Decree
This petition is barred by 393 days. In the application for condonation of delay, the petitioner has given the following grounds:
(1) That the Hon'ble High Court allowed the bail application of the accused/respondent without considering the principles laid down for the grant of bail by this Hon'ble Court and thereby violated Article 189 of the Constitution of the Islamic Republic. of Pakistan, 1973. (2) That the order impagned was passed on 27-4-1998 in Criminal Bail Application No.547 of 1998 by the learned Single Judge in the High Court which is not sustainable in law, illegal and in excess of powers vested to the High Court in the matter of grant of bail. (3) That the petitioner applied for copy of the aforesaid order on 5th May, 1999 and the copy was made ready on 20-5-1999. After obtaining the copy of the order, the office of the petitioner sent the matter to the Law and Justice Division as well as Ministry of Interior for their approval/sanction for filing a petition for leave to appeal in this Hon'ble Court. The process took some time and due to other departmental communications, the matter delayed and the petition could not be filed in time. The delay is bona fide and needs indulgence by this Hon'ble Court. The departmental delays may be A condoned in the larger interest of justice, equity, and good conscience." The above grounds mentioned in the application for condonation of delay hardly make out sufficient case for condonation of delay. The petition is accordingly dismissed as time-barred. Q.M.H./M.A.K./S-24/S Petition dismissed.