SAMABO vs THE STATE
The petitioner, an accused facing trial before a Special Tribunal constituted under the Defence of Pakistan Ordinance, 1971, sought leave to appeal against an order of the High Court at Karachi. The High Court had refused bail, ruling that it lacked the competence to admit an accused to bail under Section 498 of the Code of Criminal Procedure 1898 in cases triable by a Special Tribunal established under the Defence of Pakistan Ordinance, 1971. The petitioner challenged this interpretation, noting that the Supreme Court had already granted leave in similar petitions to examine the correctness of this legal position. The Supreme Court, observing that the issue was already pending consideration in connected appeals, granted leave to appeal in the instant petition. Furthermore, the Court exercised its discretion to admit the petitioner to bail pending the final adjudication of the appeal, subject to the furnishing of a surety bond to the satisfaction of the Nazir of the High Court. The matter was ordered to be heard alongside the connected appeals to resolve the question of the High Court's jurisdiction regarding bail in such special proceedings.
- Does a High Court have the competence to grant bail under Section 498 of the Code of Criminal Procedure 1898 to an accused facing trial before a Special Tribunal constituted under the Defence of Pakistan Ordinance 1971?
- Can the Supreme Court grant bail to an accused pending the final adjudication of an appeal regarding the jurisdiction of the High Court to grant bail?
- Rule 42, Defence of Pakistan Rules 1971
- Rule 43, Defence of Pakistan Rules 1971
- Rule 49, Defence of Pakistan Rules 1971
- Section 122, Pakistan Penal Code 1860
- Section 124-A, Pakistan Penal Code 1860
- Section 498, Code of Criminal Procedure 1898
- Defence of Pakistan Ordinance 1971
ORDER
1. ' MUHAMMAD Gul, J.-The petitioner herein, is an accused in proceedings before a Special Tribunal, constituted under the Defence of Pakistan Ordinance, 1971, for offences under rules 42, 43 and 49 of the Defence of Pakistan Rules, 1971 read with sections 122 and 124-A, P. P. C. He was arrested in August 1973, and has been in the look up since then, having been refused bail both by the Tribunal and by the High Court at Karachi. The High Court, vide its order dated 29-1-1975 has ruled that in a case tribal by a Special Tribunal create under the Defence of Pakistan Ordinance, it is not competent to that Court to admit the accused to bail under section 498, Cr. P. C. The petitioner seeks leave to appeal against the above order of the High Court.
2. Learned Advocate-on-Record for the petitioner points out that leave has already been granted by this Court in Petitions for Special Leave to Appeal Nos. K-41 to K-45 of 1973 and in a number of other similar cases, to consider whether the similar view taken by the High Court in those cases is correct?
3. ' Accordingly, we grant leave in this petition also. The appeal shall be heard alongwith the connected appeals.
4. ' The petitioner is also allowed bail in the sum of Rs, 2000 with one surety in the like amount to the satisfaction of the Nazir of the High Court at Karachi. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.