NAZIR AHMED vs The STATE
This matter arises from a petition for leave to appeal directed against a judgment of the Lahore High Court, Bahawalpur Circuit, wherein the sentence of death of the appellants was altered to life imprisonment. Leave to appeal having been granted on 20-3-1978, the petitioners filed a miscellaneous application seeking the suspension of their sentence and release on bail pending the hearing of the appeal. The core legal question concerns whether the appellants should be enlarged on bail solely on the ground of delay in the disposal of the appeal by the court. The Supreme Court held that it is not inclined to release the petitioners on bail merely due to the delay in the disposal of the appeal, keeping in view the state of work pending in the court. The application for suspension of sentence and bail was accordingly rejected, with a direction that efforts be made for the early disposal of the main appeal. The key principle laid down is that delay in the disposal of an appeal alone, given court workloads, does not automatically warrant the release of a convicted appellant on bail.
- Can a convicted appellant be released on bail merely on the ground of delay in the disposal of the appeal?
- Whether the Supreme Court will suspend a sentence and grant bail pending appeal due to the state of work in the court?
ORDER
1. ANWARUL HAQ, C. J.-The petitioners were granted leave to appeal on 20-3-1978, against the judgment of the Lahore High Court, Bahawalpur Circuit, by which the sentence of death of the appellants was altered to life imprisonment.
2. Mr. Shahid Hussain Kadri learned counsel heard, in support of the Miscellaneous application seeking suspension of the petitioner-appellant's sentence and releasing them on bail. At this stage we are not inclined to release them on bail merely on the ground of delay in the disposal of the appeal, in view of the state of work obtaining in this Court. The application is rejected. However, efforts will be made for early disposal of the appeal.