THE STATE through Advocate-General N.-W.F.P. Versus BAHADUR SHER
This matter comes before the Supreme Court of Pakistan upon petitions for leave to appeal filed by the State against the acquittal of the respondents. The core legal question concerns whether the acquittal warrants interference through the reappraisal of evidence for the safe administration of justice. The Court held that for the safe administration of justice, a complete reappraisal of the entire evidence is necessary to determine if the respondents were correctly and lawfully acquitted. Consequently, the Court granted leave to appeal, directed the issuance of bailable warrants against the respondents, and ordered the appeal to be set down for hearing within the year, establishing the principle that leave to appeal may be granted to examine the correctness of an acquittal based on the reappraisal of evidence.
- Whether reappraisal of evidence is necessary to examine the correctness of an acquittal for the safe administration of justice?
- Can leave to appeal be granted against the acquittal of respondents?
- What are the consequential orders passed upon the grant of leave to appeal in a criminal acquittal matter?
ORDER
M. JAVED BUTTAR, J.--- We have heard the learned counsel for the petitioner at length. We are of the view that for the safe administration of justice, reappraisal of entire evidence is necessary to see whether the respondents./accused in both these petitions were correctly and lawfully acquitted.
2. Leave to appeal is accordingly granted. Let bailable warrants in the sum of Rs.50,000 (Rs. fifty thousand only) with two sureties each in the like amount to the satisfaction of Sessions Judge, Peshawar be issued against each of the respondents/accused.
It is an old matter. Let the appeal be set down for hearing, within this year.
N.H.Q./S-24/SC Leave granted.