ALTAF HUSSAIN SHAH vs THE STATE
This matter concerns a petition for leave to appeal against a High Court order that declined to suspend the petitioner's sentence, despite the petitioner's argument that he was entitled to bail on statutory grounds due to the delay in the final hearing of his appeal. The petitioner had been convicted by an Additional Sessions Judge on 27-6-1990, and his appeal remained pending well beyond the statutory period for disposal. The core legal question was whether the continued incarceration of the petitioner, in light of the failure to dispose of his appeal within the statutory timeframe, warranted the grant of bail. The Supreme Court held that since the statutory period for the disposal of the appeal had clearly elapsed and the High Court's previous directions to expedite the hearing had not been fulfilled, the petitioner was entitled to relief. Consequently, the Court converted the petition into an appeal, allowed it, and admitted the petitioner to bail upon furnishing the required sureties.
- Is a convict entitled to bail when the statutory period for the disposal of their appeal has elapsed without a decision?
- Does the failure of the High Court to expedite an appeal as previously directed justify the Supreme Court granting bail?
ORDER
' SALEEM AKHTAR, J.---The petitioner seeks leave to appeal against the order of the learned Judge in Chambers of the High Court whereby his petition for suspension of sentence was disposed of by the following order:-- "Earlier the petitioner moved petition for suspension of sentence on the ground that the petitioner was convicted by the learned Additional Sessions Judge vide his judgment dated 27-6-1990 and since then his appeal has not been fixed for final hearing and the petitioner is entitled to the grant of bail on statutory ground. Vide my order dated 23-9-1992, I directed the office that this old appeal be fixed for final hearing on 28-10-1992 at No,1. It appears that the appeal was fixed on that date but it could not be heard. The office is directed to fix the appeal within one month at No,1. With these observations, this petition stands disposed of."
2. Notice was issued to the State and we have heard the learned counsel for the parties. There is no denying the fact that statutory period for disposal of the appeal has passed, but so far the appeal has not been decided. The petitioner was convicted by the learned Additional Sessions Judge by his judgment dated 27-6-1990. In spite of the direction given by the High Court the appeal has not been disposed of. In these circumstances, we convert the petition into an appeal and allow it. The petitioner is admitted to bail on furnishing two sureties in the sum of Rs,10,000 each to the satisfaction of the Assistant Commissioner, Bhakkar.
Cited by 3 cases
- Sajid alias Saji vs State, etc. PLJ 2023 Cr.C. 806
- Sajid alias Saji vs The State, etc 2023 LHC 2048
- RASHID AHMAD Versus THE STATE 1996 PLD 468