1978 PLP 201 (SCMR)
MUHAMMAD SADIQ-Petitioner Versus MUHAMMAD ALI AND 3 OTHERS- Respondents
| Citation | 1978 PLP 201 (SCMR) |
| Forum / Court | High Court |
| Bench Members | N/A |
| Parties | MUHAMMAD SADIQ-Petitioner Versus MUHAMMAD ALI AND 3 OTHERS- Respondents |
Q1: What are the key laws and sections cited in 1978 PLP 201 (SCMR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1978 PLP 201 (SCMR)?
The case was heard and decided by the High Court bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1978 PLP 201 (SCMR) (MUHAMMAD SADIQ-Petitioner Versus MUHAMMAD ALI AND 3 OTHERS- Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Shaukat Ali, Senior Advocate With Ejaz Ahmad Khan, Advocate‑on-Record for Petitioner.
- S.M. Zafar, Senior Advocate Supreme Court instructed by Tanvir Ahmed, Advocate‑on-Record for Respondents Nos. 1 and 2 (Applicant).
- Muhammad Akhtar, Advocate Supreme Court instructed by Ijaz Ali Advocate‑on-Record for respondent No. 3.
Judgment & Decree
S.M. Zafar, Senior Advocate Supreme Court instructed by Tanvir Ahmed, Advocate‑on-Record for Respondents Nos. 1 and 2 (Applicant). Muhammad Akhtar, Advocate Supreme Court instructed by Ijaz Ali Advocate‑on-Record for respondent No. 3. Date of hearing; 19th February 1978. ANWARUL HAQ, C. J.‑By this miscellaneous Petition in Criminal Appeal No. 130/76 two of the six respondents therein, namely, Noor and Bashir have prayed for bail till the final disposal of the appeal. The applicants/respondents were tried along with 16 others for the murders of Ghulam, Ahmed and Moosa, house‑trespass and attempted murder of Sadiq, Farid, Murad and Mst. Basheeran; and by judgment dieted 27‑2‑71, the learned Additional Sessions Judge, Sahiwal convicted them and four others under section 302/307/452/148 read with section 149, P, P, C. They were sentenced to life imprisonment under the first count. The remaining 12 accused were. However, acquitted. The convicts preferred as appeal in the Lahore High Court. The learned Judges in the High Court side the impugned judgment dated 14‑4‑75, acquitted Noor, Bashir applicants respondents and Bakhsha respondent, whereas the convictions of the three other respondents were altered to section 304, Part I, P. P. C. In Cr. P: S. L. A. No. 317/75, this Court has, by its order dated the 13-5‑76, granted leave to appeal to examine whether the acquittals and alteration in convictions were in consonance with the established principles governing the safe administration of criminal justice: Consequently, Noor, Bashir and Bakhsha were re‑arrested in July, 1976 and have been in Jail since then. Mr. S. M. Zafar, the learned counsel appearing on behalf of Bashir and Noor submits that the applicants are entitled to the concession of bail as they have been languishing in Jail since July, 1976, which constitutes inordinate delay, particularly when It would be at least smother year before the appeal is heard. We regret that in the prevailing state of work in this Court the delay involved in the disposal of this appeal cannot be regarded as inordinate or extraordinary. We would. therefore, dismiss this application. The application for bail may be renewed if there is indeed inordinate delay in the disposal of the appeal. Petition dismissed.