1986 PLP 2013 (SCMR)
NIAMATULLAH KHAN — Petitioner Versus THE STATE — Respondent
| Citation | 1986 PLP 2013 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Abdul Qadir Shaikh, Ali Hussain Qazilbash and Mian Burhanuddin Khan, JJ |
| Parties | NIAMATULLAH KHAN — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1986 PLP 2013 (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 1986 PLP 2013 (SCMR)?
The case was heard and decided by the High Court bench comprising: Abdul Qadir Shaikh, Ali Hussain Qazilbash and Mian Burhanuddin Khan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1986 PLP 2013 (SCMR) (NIAMATULLAH KHAN — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Agha Khan Baba Khan, Advocate Supreme Court with M. Qasim Imam, Advocate-on-Record (absent) for Petitioner.
- Date of hearing: 28th October, 1986.
- Agha Khan Baba Khan, Advocate Supreme Court with M. Qasim Imam, Advocate‑on‑Record (absent) for Petitioner.
Headnotes / Summary
(From the order of the Peshawar High Court, dated 12-8-1986, passed in Criminal Miscellaneous No. 39 of 1986).
S. 497- Constitution of Pakistan (1973), Art.185(3)--Bail, grant of-- Delay in trial--Leave to appeal granted to consider contention that petitioner was entitled to be released on bail as he had been continuously detained for more than two years, even if period of delay in trial said to have been occasioned by him was taken into consideration against him. Nemo for the State.
Judgment & Decree
Agha Khan Baba Khan, Advocate Supreme Court with M. Qasim Imam, Advocate‑on‑Record (absent) for Petitioner. Nemo for the State. Date of hearing: 28th October, 1986. ABDUL QADIR SHAIKH, J.‑‑It is submitted that petitioner is entitled to be released on bail as he has been continuously detained for a period exceeding two years from 3rd March, 1984, even if the period of the delay in the trial said to have been occasioned by the petitioner is taken into consideration against him. The point raised deserves consideration. Leave is granted. Appeal will be heard on the present record at Peshawar during the week commencing from 16th November: 1986. It is, however, open to the parties to file additional documents, if any. The file of the case shall be transferred to Peshawar Registry forthwith for hearing of the appeal as directed above. M.I. Leave granted.