2007 SCMR 1874

THE STATE through Advocate-General N,-W.F.P. vs JAMSHED alias. JIMMI

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Citation2007 SCMR 1874

CourtSupreme Court of Pakistan

Case No.Criminal Petition No,178-P of 2003

Date2007-04-30

Judge(s)M. Javed Buttar, Tassaduq Hussain Jillani and Nasir-ul-Mulk

Authored byM. Javed Buttar

ResultLeave granted

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This matter concerns a petition for leave to appeal filed by the State against a judgment of acquittal rendered by the Peshawar High Court. The core legal question before the Supreme Court was whether the High Court correctly and lawfully recorded the acquittal of the respondent. Upon hearing the petitioner's counsel and reviewing the available record, the Supreme Court determined that the case warranted a deeper examination of the impugned judgment. Consequently, the Court granted leave to appeal to scrutinize the legality and correctness of the acquittal. The Court further directed the issuance of bailable warrants against the respondent to ensure their presence, setting the bail amount at Rs. 50,000 with two sureties. Given the age of the case, the Court ordered that the appeal be scheduled for hearing within the same calendar year. The decision establishes that where there is a prima facie need to review the legality of an acquittal judgment, the Supreme Court will grant leave to appeal to ensure justice is served.

Questions settled in this judgment

Does the Supreme Court have the authority to grant leave to appeal against an acquittal judgment rendered by a High Court?
Can the Supreme Court issue bailable warrants against a respondent upon granting leave to appeal in a criminal matter?

leave to appealacquittalbailable warrantscriminal appealSupreme Court of Pakistan

ORDER

' M. JAVED BUTTAR, J.--- After having heard the learned counsel for the petitioner at length and after having seen the available record, we are of the view that it is a fit case for grant of leave to appeal to see whether the learned Judges of the Peshawar high Court, correctly and lawfully recorded the impugned judgment of acquittal of respondent.

2. This petition is accordingly allowed by granting leave to appeal. Let bailable warrants in the sum of Rs,50,000 (Rupees fifty thousand only with two sureties each in the like amount to the satisfaction of Sessions Judge, D.I. Khan be issued against the respondent/accused.

' Since it is an old matter, let the appeal be set down for hearing, within this year.