Pakistan Case Law
1989 SCMR 1322

GHULAM MUHAMMAD KHAN vs THE STATE

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Citation1989 SCMR 1322
CourtSupreme Court of Pakistan
Case No.Criminal Petition No,315 of 1988
Date1989-03-15
Judge(s)Ghulam Mujaddid and Saad Saood Jan
Authored byGhulam Mujaddid
ResultLeave granted
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter comes before the Supreme Court of Pakistan by way of a petition for special leave to appeal against the order of the Lahore High Court dated 3-9-88. The core legal question involves whether a condition can be lawfully imposed while admitting an accused person to bail or confirming interim bail, rendering a conditional order of bail in accordance with the law. The Court held that the question is of public importance and requires detailed examination along with an authoritative pronouncement. Consequently, leave to appeal was granted, the appeal was ordered to be made ready on the present record for final hearing in the next session at Lahore, and the Advocate-General Punjab was directed to appear personally to assist the Court.

Questions settled in this judgment
  • Can a court impose a condition while admitting an accused person to bail or confirming an interim bail?
  • Is a conditional order of bail in accordance with the law?
bailinterim bailconditional bailleave to appealcriminal procedure

ORDER

1. ' GHULAM MUJADDID, J.-- The short nevertheless important legal question involved in this petition for special leave to appeal against the order of the Lahore High Court dated 3-9-88 is that while admitting an accused to bail or confirming an interim bail, a condition could be imposed or in other words is a conditional order of bail in accordance with law.

2. ' The point is of public importance. It needs detailed examination and calls for authoritative pronouncement.

3. ' Leave is accordingly granted.

4. ' The appeal shall be made ready on the present record and shall be set down for final hearing in the next session at Lahore.

5. ' Advocate-General Punjab shall appear personally to assist the Court.

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