Pakistan Case Law
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2007 SCMR 1930
[Supreme Court of Pakistan]

ALLAHDINO Versus THE STATE

Crl. P.L.A. No.14-K of 2003, decided on 28th April, 2003.
Authored by Iftikhar Muhammad Chaudhry. Result: Petition dismissed.
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Summary

This petition for leave to appeal was filed before the Supreme Court of Pakistan challenging an earlier order regarding the petitioner's request for bail. During the proceedings, the learned counsel for the petitioner stated that he had instructions not to press the petition, citing the progress made in the case before the trial court. The petitioner intended to file a fresh bail application before the trial court based on these changed circumstances. The core legal question concerned whether the trial court could be directed to consider a subsequent bail application independently, without being prejudiced by the previous order. The Supreme Court dismissed the petition as not pressed. The Court held that if the petitioner approaches the trial court for bail, relying on fresh grounds, the trial court is required to dispose of such an application on its own merits. The key principle laid down is that a trial court must decide a fresh bail application independently, uninfluenced by any previous orders, provided that new grounds for bail have been established by the petitioner.

Questions settled in this judgment
  • Can a trial court consider a fresh bail application independently if new grounds are presented?
  • Is a trial court bound by previous bail orders when considering a subsequent bail application based on fresh grounds?
bail applicationfresh groundstrial court discretionpetition dismissed as not pressedcriminal procedure

IFTIKHAR MUHAMMAD CHAUDHRY, J.--- Learned counsel for the petitioner stated that he had instructions not to press this petition because in view of the progress, which has been made in the case before the trial Court, the petitioner contemplates to repeat bail application for his release on bail. However, he sought indulgence of this Court that if such application is moved, that may be disposed of by the trial Court independently without being influenced by the earlier order. Learned Additional Advocate-General has no objection for making such observations.

2.Petition is dismissed as not pressed. Needless to observe that if the petitioner, subject to availability of the fresh grounds, approaches trial Court for release on bail, such application shall be disposed of without being influenced, in any manner, for the earlier order.

Cited by 1 case

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