Pakistan Case Law
1987 SCMR 1546(2)

AMJAD HUSSAIN ABID vs The STATE

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Citation1987 SCMR 1546(2)
CourtSupreme Court of Pakistan
Case No.Criminal Miscellaneous No. 710/B of 1987 Petition for Leave to Appeal No. 115
Date1987-06-15
Judge(s)Aslam Riaz Hussain, Saad Saood Jan
ResultPetition dismissed
Summary

The petitioner, a teacher accused of committing sodomy on a student, filed a petition for leave to appeal against the order of the Lahore High Court rejecting his bail application. The core legal question concerned whether the High Court's discretionary refusal of bail warranted interference by the Supreme Court. The Supreme Court held that the case was not a fit one for interference with the discretionary jurisdiction exercised by the High Court. The petition for leave to appeal was accordingly dismissed, affirming the lower court's decision denying bail.

Questions settled in this judgment
  • Whether the Supreme Court will interfere with the High Court's exercise of discretionary jurisdiction in bail matters?
  • Does an accused charged with sodomy have an absolute right to bail at the leave to appeal stage?
bailleave to appealsodomycriminal jurisprudencediscretionary jurisdiction

ORDER

1. ASLAM RIAZ HUSAIN, J.--The petitioner who is a teacher and has been accused for having committed sodomy on one of his students, has filed this petition for leave to appeal against the order of Lahore High Court, Lahore dated 21st March 1987 rejecting his bail application.

2. On going through the impugned order and after hearing the learned counsel for the petitioner we do not consider it to be a fit case for interference in the exercise of its discretionany jurisdiction by the High Court.

3. The petition is therefore dismissed.

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