SCMR 1982

1982 PLP 357 (SCMR)

MANZOOR HUSSAIN — Petitioner Versus THE STATE — Respondent

Jurisdiction / Court
High Court
Decided Date
Criminal Petition for Special Leave to Appeal No. 645 of 1980, decided on 17th December 1980.
Honorable Judges
N/A
Case Reference Summary (AEO Optimized)
Citation 1982 PLP 357 (SCMR)
Forum / Court High Court
Bench Members N/A
Parties MANZOOR HUSSAIN — Petitioner Versus THE STATE — Respondent
Primary Law Criminal Procedure Code (V of 1898)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1982 PLP 357 (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 1982 PLP 357 (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: 1982 PLP 357 (SCMR) (MANZOOR HUSSAIN — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Criminal Procedure Code (V of 1898)

Representation

  • Saleem Ahmed Mian, Advocate-on-Record for Petitioner.
  • Date of hearing : 17th December 1980.
  • Saleem Ahmed Mian, Advocate‑on‑Record for Petitioner.

Headnotes / Summary

(On appeal from the judgment and order of the Lahore High Court dated 7-12-1980, in Criminal Appeal No. 1308 of 1980). -- S. 426 (1-A)-Bail of convicted person-High Court in its discretion ary jurisdiction not thinking fit to grant bail, no justification, held, existed to interfere with such discretion particularly when petitioner's appeal directed by High Court to be heard out of turn and order appearing to maintain balance of justice. Nemo for the State.

Judgment & Decree

Nemo for the State. Date of hearing : 17th December 1980. KARAM ELAHEE CHAUHAN, J.‑An appeal being Criminal Appeal No. 1308/80 filed by the petitioner against his conviction under section 5(2) of the Prevention of Corruption Act 11 of 1947 and sections 468 and 471, P. P. C. is , pending in the High Court. In that appeal he applied for bail by means of Criminal Miscellaneous No. 1/80 but without any success as the same was dismissed by the High Court on 7‑12‑1980. The order of the High Court is short one and reads as follows: ‑ "The submissions made by the learned counsel for the petitioner relate to the appreciation of evidence which cannot be dealt with at this stage. This application is dismissed in limine. Without prejudice to the merits of the case, I feel that the sentence imposed on the applicant is rather severe. The main appeal could be set down for hearing by the end of 1981."

2. The petitioner has come up in a petition for special leave to appeal against the same to this Court.

3. We have heard the learned counsel. In our opinion since the High Court has in its discretionary jurisdiction not thought it fit to grant bail to the petitioner, we see no justification to interfere with that discretion particularly when the appeal of the petitioner has been directed to be heard if we can say so, out of turn‑by the end of year 1981. The order seems to maintain the balance of justice and cannot be taken exception to.

4. The result is that this petition has no merit and is dismissed. Petition dismissed.