Pakistan Case Law
1970 SCMR 30

SIRAJ DIN vs SAGHIR UD DIN Alias GOGA AND Another

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Citation1970 SCMR 30
CourtSupreme Court of Pakistan
Case No.Criminal Miscellaneous No. 4163/67 Petition for Special Leave to Appeal No.
Date1969-10-24
Judge(s)A. R. Cornelius, C. J. and S. A. Rahman
ResultLeave refused
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter concerns a petition for leave to appeal against an order of the High Court granting bail to an accused person charged with a capital offence. The core legal question addressed by the Supreme Court was whether the High Court exercised its discretion properly in granting bail to a minor accused. The Supreme Court observed that the accused was a minor, with his age estimated between 16 and 17 years based on an X-ray examination. The Court held that the minority of an accused is a valid ground for the grant of bail, even in cases involving capital offences. Consequently, the Court found no irregularity or excess of power in the High Court's exercise of judicial discretion. The petition was dismissed, affirming the principle that the age of an accused is a significant factor to be considered by courts when determining whether to grant bail in serious criminal matters.

Questions settled in this judgment
  • Is the minority of an accused a valid ground for granting bail in a capital offence case?
  • Does the grant of bail to a minor accused in a capital case constitute an irregularity or excess of power?
bailcapital offenceminor accusedjudicial discretionage determinationX-ray examination

ORDER

1. CORNELIUS, C. J.-This accused, who has been granted bail by the High Court is evidently a minor.

2. The age based on X-ray examination is between 16 and 17 years. That is a ground on which bail may be granted even in a case of a capital offence, and it is clear that there has been no excess of power, or irregularity in the exercise of discretion.

3. The petition is dismissed.

Cited by 23 cases

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