EASAB KHAN and 2 others vs THE STATE
This petition for leave to appeal was filed under Article 185(3) of the Constitution of the Islamic Republic of Pakistan, 1973, challenging an order of the Lahore High Court that denied the suspension of sentences of life imprisonment awarded to the petitioners in a murder case. The core legal question was whether the Supreme Court should intervene to suspend the sentences or issue a directive for the expedited disposal of the pending criminal appeal, given the petitioners' arguments regarding age, infirmity, and minority status. The Supreme Court held that the petitioners' entitlement to bail under the relevant statutory provisions had not yet matured. Furthermore, the Court declined to issue a directive for the early hearing of the appeal, reasoning that the petitioners had not yet exhausted their remedies by filing a miscellaneous application for early hearing before the High Court or its Chief Justice. The petition was dismissed with the observation that the petitioners could seek relief through the appropriate procedural channels in the High Court.
- Can the Supreme Court issue a directive for the early hearing of a criminal appeal if the petitioner has not first moved the High Court for such relief?
- Is a petitioner entitled to bail under Section 426(1-A) of the Code of Criminal Procedure 1898 if the statutory requirements for such entitlement have not yet matured?
- Article 185(3), Constitution of the Islamic Republic of Pakistan 1973
- Section 426(1-A), Code of Criminal Procedure 1898
' CH. MUHAMMAD ARIF, J.---Leave to appeal is claimed through this petition under Article 185 (3) of the Constitution of the Islamic Republic of Pakistan, 1973 against order dated 12-1-1999 passed by the Lahore High Court, Lahore in Criminal Miscellaneous No,1 of 1999 seeking suspension of sentence of imprisonment for life awarded to all the three petitioners by the learned Sessions Judge, Khushab in a murder case subject-matter of Criminal Appeal No,1017 of 1998.
2. There is no need for considering three-dimentional plea being raised by Mr. Ch. Ghulam Hussain, learned Advocate Supreme Court appearing in support of this petition, that (1) petitioner-Easab Khan is 86 years of age and having lost his eyesight much before, the incident he is an infirm person; (2) petitioner Mst. Ghulam Sakina (wife of Easab Khan) is 65 years of age and petitioner Ghulam Mustafa was a minor even at the time of the incident/occurrence having taken place during the night between 5/6-5-1995. Suffice it to say that when the attention of the learned counsel was drawn to the fact that the entitlement of the petitioners to bail under subsection (1-A) of section 426, Cr.P.C. Has not yet matured, he referred to Muhammad Akram v. The State (1994 SCM R 277) to contend that he would 'be satisfied if a direction is issued to the High Court to dispose of Criminal Appeal No,1017/1998 'within one month', as directed in Muhammad Akram (supra).
3. We are afraid this Court need not issue the sought for direction as the petitioners can submit a Miscellaneous Application in their Criminal Appeal No,1017 of 1998 requesting its early hearing before the High Court and/or the learned Chief Justice which they have not done so far. If so advised, they may proceed accordingly.
4. With the above observations the instant petition is dismissed and .