NAZIR HUSSAIN vs ZIAUL HAQ AND OTSHERS
This matter concerns an appeal before the Supreme Court of Pakistan arising from a High Court order granting bail to respondents despite a prior refusal of bail by the Supreme Court on the merits of the case. The core legal questions addressed by the Supreme Court involve the competency of a High Court Single Judge to grant bail on merits after the Supreme Court has already refused it, and whether a plea for bail based on delay is strictly governed by the statutory provisions of the Code of Criminal Procedure 1898 or if it can be granted as a general consideration independent of those provisions. The Court granted leave to appeal to examine these issues, specifically focusing on the scope of the proviso to sub-section (1) of section 497 of the Code of Criminal Procedure 1898. The proceedings were directed to be prepared for a hearing to determine if the High Court exceeded its jurisdiction or misapplied the statutory criteria for bail in cases involving prior Supreme Court intervention and claims of delay.
- Is a High Court judge competent to grant bail on merits after the Supreme Court has previously refused bail on the same merits?
- Does the proviso to section 497(1) of the Code of Criminal Procedure 1898 exclusively govern bail pleas based on delay?
- Can bail be granted on the ground of delay independently of the statutory provisions contained in the Code of Criminal Procedure 1898?
- Section 497, Code of Criminal Procedure 1898
ORDER
1. MUHAMMAD AFZAL ZULLAH, J---Leave is granted in this matter to consider
(a) Whether the learned Single Judge in the High Court was competent to grant bail to the respondents Nos. 1 and 2 on consideration of merits, when the Supreme Court had earlier refused bail to the respondent after consideration of the case merits.
(b) Whether the respondents' plea of bail before the High Court on ground of delay was covered under the relevant proviso to sub--section (1) of section 497, Cr. P. C.
(c) If not, whether the respondents could be allowed bail on ground o delay as a general consideration independent of the statutory provision in this behalf.
2. The appeal shall be made ready on the present record with liberty to the parties to file additional documents, and, shall be fixed for hearing in the week commencing 26th June, 1982, at Rawalpindi.