1996 SCMR 927

GHULAM ABBAS Versus STATE

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Citation1996 SCMR 927

CourtSupreme Court of Pakistan

Case No.Criminal Petition No. 93 of 1994

Date1994-08-09

Judge(s)Sajjad Ali Shah, C.J., Mir Hazar Khan Khoso and Muhammad Munir Khan

Authored bySajjad Ali Shah

ResultPetition dismissed

AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter arises from a petition for leave to appeal before the Supreme Court of Pakistan concerning criminal proceedings. The core legal question involves the sustainability of the petition for bail before this Court when alternative grounds relating to age and infirmity remain unexhausted before the Trial Court. The Court decided to dismiss the petition as not pressed upon the petitioner's request, while granting liberty to approach the Trial Court afresh for bail specifically on the grounds of age and infirmity. The key principle laid down is that a petitioner may withdraw a bail petition before the apex court to seek appropriate remedies on unexhausted factual grounds directly from the Trial Court.

Questions settled in this judgment

Can a petitioner withdraw a petition for leave to appeal to seek bail before the Trial Court on new grounds?
Is it permissible to approach the Trial Court for bail on the ground of age and infirmity after withdrawing a petition before the Supreme Court?

criminal petitionbailage and infirmitywithdrawal of petitionSupreme Court of Pakistan

ORDER

1. SAJJAD ALI SHAH, CJ.--- The learned counsel for the petitioner states that he does not wish to press this petition on merits and would like to approach the Trial Court for bail on the ground of age and infirmity which was not done before. Order accordingly. In the result this petition is dismissed as not pressed and it is open to the petitioner to apply for bail before the Trial Court on the ground of age and infirmity.

2. N.H.Q./G-499/S Petition dismissed.