Pakistan Case LawSHER AHMED and others Versus THE STATE
The petitioners sought leave to appeal against the order of the Lahore High Court dismissing their application for pre-trial bail in a case registered under sections 420, 34, 468, and 471 of the Pakistan Penal Code 1860, concerning allegations of fraudulent transfer of land via a forged power of attorney. The core legal question was whether the petitioners were entitled to bail when the offences charged did not fall within the prohibitory clause of section 497 of the Code of Criminal Procedure 1898 and trial proceedings had been stayed for an indefinite period. The Supreme Court converted the petition into an appeal and allowed bail, holding that accused persons cannot be detained in judicial lock-up without trial for an indefinite period when the case falls outside the prohibitory clause of section 497, Code of Criminal Procedure 1898. The key principle laid down is that prolonged incarceration without trial, coupled with the non-applicability of the prohibitory clause, warrants the grant of bail.
- Is an accused person entitled to bail when the alleged offense does not fall within the prohibitory clause of section 497 of the Code of Criminal Procedure 1898?
- Can accused persons be detained in a judicial lock-up without trial for an indefinite period?
- Does a stay of trial proceedings by the High Court justify granting bail to incarcerated petitioners?
ORDER
MANZOOR HUSSAIN SIAL, J.---Sher Ahmed and three others stand involved in a case under sections 420/34, 468/471, P.P.C. Registered on 29-12-1992, at Police Station Bawana, District Jhang. The petitioners seek leave to appeal against order dated 11-12-1993 of a learned Single Judge in the Lahore High Court, whereby their application for release on bail was dismissed. The aforesaid case was registered on an application moved by Mst. Shehbaz Bibi wife of Muhammad Anwar deceased to the Deputy Commissioner, Jhang, alleging therein that her husband did not execute power of attorney in favour of Muhammad Yousaf who had transferred land measuring 96 Kanals 11 Marlas on the strength of forged power of attorney, in favour of Sher Ahmad and Khizar Hayat, petitioner. Learned counsel for petitioners contended that proceedings in the trial Court were stayed by High Court's order dated 28-3-1993 and the petitioners are detained in the judicial lock-up since the date of their arrest.
2.The factum of petitioners' detention in jail ever since their arrest as also that the proceedings in trial Court are stayed since 7-12-1993 are not controverted by learned counsel for the State. The case in which the petitioners stand involved admittedly does not fall within the prohibitory clause of section 497, Cr.P.C. And they cannot be detained in judicial lock-up without trial for indefinite period.
3.In these circumstances, we convert this petition into appeal and allow the petitioner to be released on bail provided each one of them executes bail bond in the sum of Rs,25,000 with two sureties in the like amount to the B satisfaction of the Assistant Commissioner, Chiniot, District Jhang.
Judges on this bench
- Saad Saood Jan2,559 judgments
- Manzoor Hussain Sial807 judgments