HAQ NAWAZ vs MUHAMMAD IMRAN and others
This petition for leave to appeal seeks the cancellation of bail granted to the respondent by the Lahore High Court in a case registered under section 364-A and section 377 of the Pakistan Penal Code 1860, read with section 12 of the Offence of Zina (Enforcement of Hudood) Ordinance 1979. During the hearing, the counsel for the respondent gave an undertaking that the respondent would not hamper the trial and would produce evidence on the next date of hearing. The Supreme Court of Pakistan disposed of the petition by dismissing it and refusing leave, while directing the trial court to conclude the trial within two months. The Court held that if the trial is not concluded within the stipulated timeframe, the petitioner is at liberty to seek bail cancellation before the trial court, which shall decide the matter uninfluenced by observations in the impugned order.
- Whether bail granted by the High Court should be cancelled when an undertaking is given to expedite the trial?
- Can the trial court be directed to conclude criminal proceedings within a specified timeframe?
- What remedy is available to a petitioner if a trial is not concluded within the timeframe directed by the Supreme Court?
- Section 364-A, Pakistan Penal Code 1860
- Section 377, Pakistan Penal Code 1860
- Section 12, Offence of Zina (Enforcement of Hudood) Ordinance 1979
ORDER
' IRSHAD HASAN KHAN, J.---This petition for leave to appeal seeks cancellation of bail granted to the respondent No,1 by a learned Single Judge of the Lahore High Court, Lahore by order, dated 10-3- 1998, passed in Criminal Miscellaneous No,572-B of 1998, arising out of case F.I.R. No,231 of 1997 under section 364-A/377, P.P.C. Read with section 12 of the Offence of Zina (Enforcement of Hudood)
Ordinance No,VII of 1979.
2. We have heard the learned counsel for the parties. An undertaking has been given by the learned counsel for the respondent that the respondent will not hamper the trial of the case in the trial Court on any pretext whatsoever. He has also undertaken to produce evidence on the next date of hearing i.e, 18-7-1998. We order accordingly. We also direct the Trial Court to conclude the trial within two months from the next date of hearing. If, for any reason, the trial is not concluded as aforesaid, the petitioner/applicant shall be at liberty to seek cancellation of bail granted to the respondent. If such an application is made, the same shall be disposed of by the trial Court without being prejudiced by the observations made in the impugned order dated of the learned Judge in Chambers.
3. With the above observations, the petition is dismissed and leave refused. 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.