1997 PLP 1351 (SCMR)
HABIB SHAH‑‑‑Petitioner Versus THE STATE‑‑‑Respondent
| Citation | 1997 PLP 1351 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Sajjad Ali Shah, C. J. and Muhammad Munir Khan, J |
| Parties | HABIB SHAH‑‑‑Petitioner Versus THE STATE‑‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑‑ |
Q1: What are the key laws and sections cited in 1997 PLP 1351 (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 1997 PLP 1351 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Sajjad Ali Shah, C. J. and Muhammad Munir Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1997 PLP 1351 (SCMR) (HABIB SHAH‑‑‑Petitioner Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Akhlaq Ahmad Siddiqui, Advocate‑on‑Record for Petitioner.
- Date of hearing: 3rd July, 1994.
- Abdul Ghafoor Mangi, Additional Advocate‑General, Sindh for the State.
Headnotes / Summary
(On appeal from the judgment dated 22‑3‑1994 of the Sindh High Court, Karachi in Criminal Bail Applications Nos.246‑‑249/94). ‑‑‑‑S. 497‑‑‑Constitution of Pakistan (1973), Art.185(3)‑‑‑Bail‑‑‑Petitions for leave to appeal were barred by 67 days‑‑‑Explanation for the delay was that High Court had dismissed the bail applications by means of a short order for the reasons to be recorded later which were never recorded as the Judge of the High Court was not confirmed in service on the following date and consequently he ceased to be a Judge‑‑‑Petitions for leave to appeal were converted into appeals in circumstances, impugned short order was set aside and the cases were remanded to the High Court for hearing of bail applications afresh and writing of detailed orders with reasons. Abdul Ghafoor Mangi, Additional Advocate‑General, Sindh for the State.
Judgment & Decree
SAJJAD ALI SHAH, C.J.‑‑‑On account of common facts and points of law, these petitions are to be dealt with by a common order and to be disposed of with a common order. 2, These petitions arc barred by 67 days. It is explained by the learned counsel that short order was announced and reasons were to be recorded later which were never recorded and he kept on inquiring about the detailed order. In the circumstances delay is codoned. 3 It is submitted that after hearing of the bail application in the High Court short order was announced on 22‑3‑1994, dismissing the bail applications for the reasons to be recorded later, which were never recorded for the reason that learned Judge of the High Court was not confirmed in service on following date and consequently he ceased to be a Judge. In the circumstances the impugned short order is set aside and these petitions are converted into appeals and allowed and the cases are remanded to the High Court for hearing of bail applications again and writing of detailed orders with reasons. Mr. A.G. Mangi has no objection. N.H.Q./H.243/S Cases remanded.