Syed ANWAR ALI SHAH and anothers vs IRFAN ALI alias GHULAM RAZA alias
This matter before the Supreme Court of Pakistan involved criminal petitions seeking leave to appeal against a judgment rendered by the Division Bench of the Lahore High Court, Multan Bench, alongside applications for condonation of delay. The case concerned a major incident resulting in forty fatalities and injuries to seventy-one individuals. The core question before the Court was whether leave to appeal should be granted to conduct a reappraisal of the evidence due to deficiencies in the High Court's judgment. The Supreme Court condoned the delay in filing the petitions, allowed the applications, and granted leave to appeal. The Court held that a full reappraisal of the evidence was necessary to secure the ends of justice because the High Court's findings on critical aspects of the case were either conjectural or insufficient. The Court laid down the principle that where a lower court's analysis of vital evidence in a high-casualty criminal case is conjectural or inadequate, the Supreme Court will grant leave to appeal to reappraise the evidence.
- Whether the Supreme Court may grant leave to appeal to reappraise evidence in a criminal case where the High Court's findings on critical aspects are conjectural or insufficient?
- Whether delay in filing a criminal petition for leave to appeal can be condoned to secure the interests of justice in a case involving substantial loss of life and injuries?
ORDER
' ASIF SAEED KHAN KHOSA, J.--- ' Criminal Miscellaneous Applications Nos,80-L and 57-L of 2011 ' For the reasons mentioned in these miscellaneous applications the same are allowed and the delay in filing of Criminal Petitions Nos,103-L and 108-L of 2011 is condoned. Disposed of.
' Criminal Petitions Nos,103-L and"108-L of 2011
2. With the assistance of the learned counsel for the petitioners in both these petitions we have gone through the impugned judgment rendered by the learned Division Bench of the Lahore High Court, Multan Bench, Multan and have prima facie found that the reasons recorded by the learned Division Bench of the said court on most of the critical aspects of this case were either con mural or insufficient. In the case in hand as many as forty persons have lost their lives and seventy-one others had received injuries and, thus, we have felt that reappraisal of the evidence so as to secure the interests of justice is in order. These petitions are, therefore, allowed and leave to appeal is granted therein for the purpose. Let bailable warrants in the sum of Rs,1,00,000 (rupees one hundred thousand only) with two sureties each in the like amount returnable to the learned trial Court be issued against respondent No, 1.
Cited by 1 case
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