SIRAJ DIN vs SAGHIR UD DIN Alias GOGA AND Another
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.
- 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?
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
- MUHAMMAD BILAL Versus State 2018 PCrLJN 86
- SAFEER AHMAD Versus State 2018 PCrLJN 40
- AHSAN BASHIR vs The STATE 2016 P Cr. L J 741
- ZUBAIR KHAN vs THE STATE 2011 MLD 1246
- MUHAMMAD RAMZAN Versus State 2010 PCrLJ 1642
- ZUBAIR HUSSAIN Versus THE STATE through Advocate-General, Azad Jammu and Kashmir and another 2004 PCRLJ 1355
- ATTAULLAH Versus THE STATE 2004 PCRLJ 326
- MUHAMMAD NAEEM Versus THE STATE 2003 YLR 321
- MUHAMMAD SHAFIQ Versus THE STATE 2002 YLR 3529
- SARWAR ALI Versus STATE 1995 MLD 614
- MUHAMMAD MUMTAZ Versus STATE 1997 MLD 2049
- MUHAMMAD AZHAR vs THE STATE 1991 P Cr. L J 2347
- MUHAMMAD ASLAM And 2 Others vs THE STATE 1991 P Cr. L J 783
- MUHAMMAD ASIF vs THE STATE 1990 P Cr. L J 278
- GULZAR alias BHUTTO vs THE STATE 1990 P Cr. L J 191
- TAHIR vs THE STATE 1990 P Cr. L J 1198
- MUHAMMAD MOAZZAM Versus THE STATE 1988 PCRLJ 2259
- MUHAMMAD NAZIR CHEEMA vs ASADULLAH MUNEER And Others 1986 P Cr. L J 2852
- SHAMAN alias GHULAM RASOOL and anothers vs THE STATE 1985 P Cr. L J 583
- TAHIRURREHMAN vs THE STATE 1984 P Cr. L J 171
- ANWAR ALI vs CHIEF' MARTIAL LAW ADMINISTRATOR AND 3 Other 1979 PLD Karachi 804
- Haji FAZAL ELAHI vs Miss FARAH NAZ AND Another 1979 SCMR 109
- ZUBAIR HUSSAIN vs THE STATE through Advocate-General, Azad Jammu 2004 P C R L J 1355