1999SCMR2617 (PLP)
SHAUKAT ALI — Petitioner Versus THE STATE — Respondent
| Citation | 1999SCMR2617 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Irshad Hasan Khan and Ch. Muhammad Arif, JJ |
| Parties | SHAUKAT ALI — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)-= |
Q1: What are the key laws and sections cited in 1999SCMR2617 (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898)-= as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999SCMR2617 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Irshad Hasan Khan and Ch. Muhammad Arif, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1999SCMR2617 (PLP) (SHAUKAT ALI — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Latif Khan Khosa, Advocate Supreme Court and S. Abut Aasim Jafri, Advocate-on-Record for Petitioners.
- Date of hearing: 6th July, 1998.
- M.A. Zafar, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for the State.
Headnotes / Summary
S. 497
Penal Code (XLV of 1860), S. 302/148/149/447/34
Constitution of Pakistan (1973), Art. 185(3)
Discretionary order of High Court declining bail to accused did not warrant any interference
Accused, however, being in custody for the last one year without any progress in Trial Court, trial was directed by Supreme Court to be concluded within a period of three months, failing which the accused could move the Trial Court afresh for grant of bail-- Leave to appeal was refused by Supreme Court with such observation. M.A. Zafar, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for the State.
Judgment & Decree
IRSHAD HASAN KHAN, J.
This petition for leave to appeal is directed against the order dated 19-11-1997 of the Lahore High Court, Bahawalpur Bench, Bahawalpur, passed in Criminal Miscellaneous No.742-B of 1997, whereby bail has been declined to the petitioner in case F.1.R No. 164 of 1997, dated 15-6-1997 for offences under section 302/148/149/447/34, P.P.C. registered with Police Station, Sadar, Hasalpur.
2. After hearing the learned counsel for the parties, we are not inclined to interfere with the discretionary order of the High Court declining bail to the petitioner. We, however, find that the petitioner is in custody since 23rd June, A 1997 and no progress has been made in the trial Court. In the circumstances, we direct that the trial shall be concluded within a period of three months from the receipt of this order by the trial Court, failing which the petitioner shall be at liberty to move the trial Court afresh for grant of bail. If such an application is moved,, the same shall be disposed of by the trial Court on merits without being prejudiced by the observations made in the impugned order of the High Court.
3. With the above observation, the petition is dismissed and leave is refused. N.H.Q./S-109/S Leave refused.