MUHAMMAD AZAM vs SHABBIR ALI and others
The matter concerns a petition for leave to appeal against the acquittal of the accused, who were initially convicted under sections 302, 323, and 34 of the Pakistan Penal Code 1860. Following the grant of leave to appeal by the Supreme Court, the accused were arrested pursuant to non-bailable warrants. The core legal question addressed is whether the accused, having been arrested pending the hearing of the appeal against their acquittal, are entitled to bail due to the passage of time. The Supreme Court held that the delay of two years in the disposal of the appeal against acquittal constitutes sufficient grounds for the grant of bail. Consequently, the Court admitted the accused to bail, subject to the furnishing of surety bonds to the satisfaction of the Assistant Commissioner, Khushab. The principle laid down is that prolonged delay in the adjudication of an appeal against acquittal, during which the accused remains incarcerated, serves as a valid basis for the exercise of judicial discretion to grant bail.
- Does a two-year delay in the disposal of an appeal against acquittal entitle the accused to the grant of bail?
- Can the Supreme Court grant bail to an accused person pending the hearing of an appeal against their acquittal?
- Section 302, Pakistan Penal Code 1860
- Section 323, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER
1. ' ASLAM RIAZ HUSSAIN, J.-- The applicants-accused were tried and convicted for offence under section 302/323/34, P.P.C. They were, however, acquitted by the High Court. The complainant filed a petition for leave to appeal against their acquittal and leave was granted by this Court on 8-2- 1982. Non-bailable warrants for their arrest were issued and they were arrested soon thereafter.
2. Now that a period of 2 years has passed and their appeal has not yet come up for hearing, they have applied for grant of bail. We feel that 2 years' delay in the disposal of the appeal entitles them to grant of bail. They are, therefore, granted bail in the sum of Rs,20,000 each, with two sureties each, each in the like amount to the satisfaction of Assistant Commissioner, Khushab.