MUSHTAQ AHMAD and another vs THE STATE
This matter concerns a petition for leave to appeal against an order of the Lahore High Court, which denied bail to the petitioners in a double murder case. The High Court had refused bail based on the statutory ground of delay, invoking an exception that disentitles individuals from bail if they are classified as hardened, desperate, or dangerous criminals. The core legal question before the Supreme Court was whether the petitioners were entitled to bail despite the High Court's finding regarding their criminal character, particularly in light of the statutory provisions concerning delay in trial. Upon review, the Supreme Court noted that the petitioners' counsel relied on the precedent established in the case of Mounder and others v. The State (1988 SCMR 1113). Finding that this precedent prima facie supported the petitioners' arguments for leave to appeal, the Supreme Court granted the petition. The Court ordered that the appeal be heard in conjunction with or subsequent to the decision of the appeal in the cited precedent case, thereby allowing the legal arguments regarding the statutory delay exception to be fully adjudicated.
- Does the classification of an accused as a hardened, desperate, or dangerous criminal disentitle them to bail on the statutory ground of delay?
- Is a petition for leave to appeal maintainable when the High Court refuses bail based on the exception regarding dangerous criminals?
ORDER
1. ' MUHAMMAD AFZAL ZULLAH, J.-- Leave to appeal has been sought from the order, dated 6th December, 1988, of the Lahore High Court, whereby bail in a double murder case, on the statutory ground of delay, was refused for the reason, that the petitioners' case fell under the exception which disentitled a person to such hail; because of their being hardened, desperate and dangerous criminals.
2. ' Learned counsel has, in support of this petition, relied on the leave grant order in Mounder and others v. The State 1988 SCM R 1113. Prima facie, it supports the petitioners' case for leave. The same accordingly is granted.
3. ' To be heard with or after the decision of the appeal in the said case.