NIAMATULLAH KHAN vs The STATE
This matter concerns a petition for leave to appeal filed by the petitioner, Niamatullah Khan, seeking release on bail pending trial. The petitioner contended that he had been in continuous detention for a period exceeding two years since March 3, 1984, and argued that he was entitled to bail even after accounting for any delays in the trial process allegedly attributable to him. The core legal question before the Supreme Court was whether the prolonged period of incarceration, exceeding two years, warranted the grant of bail to the petitioner despite the circumstances surrounding the trial's delay. Upon consideration of the submissions, the Supreme Court found that the point raised by the petitioner regarding the duration of his detention and the resulting entitlement to bail deserved formal consideration. Consequently, the Court granted leave to appeal to examine the merits of the bail application. The Court directed that the appeal be heard on the existing record at the Peshawar Registry, while granting the parties liberty to file additional documents if necessary.
- Does a period of detention exceeding two years entitle an accused to be released on bail?
- Can the delay in trial proceedings be balanced against the duration of an accused's incarceration when considering a bail application?
ORDER
1. ABDUL QADIR SHAIKH, J.--It is submitted that petitioner is entitled to be released on bail as he has been continuously detained for a period exceeding two years from 3rd March, 1984, even if the period of the delay in the trial said to have been occasioned by the petitioner is taken into consideration against him.
2. The point raised deserves consideration. Leave is granted.
3. Appeal will be heard on the present record at Peshawar during the week commencing from 16th November: 1986. It is, however, open to the parties to file additional documents, if any.
4. The file of the case shall be transferred to Peshawar Registry forthwith for hearing of the appeal as directed above.