Pakistan Case Law
1982 SCMR 949

FARID KHAN vs The STATE

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Citation1982 SCMR 949
CourtSupreme Court of Pakistan
Case No.Criminal Petition for Special Leave to Appeal No. 73 of 1982 Criminal Appeal
Date1982-03-19
Judge(s)Aslam Riaz Hussain and Shafi‑ur‑Rehman
Authored byAslam Riaz Hussain
ResultBail granted
Summary

This matter originated as a petition for leave to appeal against an order of the Lahore High Court, which had previously rejected the petitioner's application for bail in a criminal case. The petitioner stood accused of an offence under Section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. The core legal question before the Supreme Court was whether the petitioner was entitled to the grant of bail pending trial, given the nature of the accusation and the statutory provisions governing bail. Upon hearing the arguments from both the petitioner's counsel and the State, the Supreme Court refrained from making detailed observations that might prejudice the trial. The Court held that there were reasonable grounds to believe that the petitioner was not guilty of an offence punishable with death, imprisonment for life, or ten years' rigorous imprisonment or more. Consequently, the Court converted the petition into an appeal, allowed the appeal, and granted bail to the petitioner, subject to the furnishing of a bail bond in the sum of Rs. 10,000 with two sureties to the satisfaction of the Assistant Commissioner, Chiniot.

Questions settled in this judgment
  • Does the Supreme Court have the authority to convert a petition for leave to appeal into an appeal for the purpose of granting bail?
  • What is the standard for granting bail in cases involving offences under the Offence of Zina (Enforcement of Hudood) Ordinance 1979?
Laws & provisions referred
  • Section 11, Offence of Zina (Enforcement of Hudood) Ordinance 1979
bailpost-arrest bailZina Ordinancecriminal appealleave to appealHudood laws

ORDER

ASLAM RIAZ HUSSAIN, J.-The petitioner who is accused of offence under section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, seeks Leave to Appeal against the order of the Lahore High Court dated 25-1-1982, rejecting his bail application. .

2. We issued notice to the State. The case has come up for hearing again.

3. We have heard the learned counsel for the petitioner as well as for the State. We do not wish to make any observation which may prejudice the case of either of the parties at the trial. Suffice it to say that there appears to be reasons for believing that the petitioner is not guilty offence punishable with death, imprisonment for life or 10 years' R. I. Or more. We, therefore, convert the petition into appeal and allow the same.

4. The petitioner is granted bail in the sum of Rs. 10,000 with two sureties each in the like amount to the satisfaction of Assistant Commissioner, Chinniot.

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