THE STATE vs MIR ZAMAN
This matter concerns a petition for post-arrest bail filed by Mir Zaman, who was previously acquitted by the Peshawar High Court of murder and attempted murder charges. Following the High Court's acquittal, the State filed a petition for special leave to appeal before the Supreme Court of Pakistan, which was granted. Consequently, the Supreme Court issued non-bailable warrants for the arrest of the respondent, leading to his detention in judicial lock-up. While the appeal against his acquittal was pending before the Supreme Court, the respondent filed the instant petition seeking release on bail. Upon the hearing of the petition, the learned counsel for the applicant/respondent expressly stated that he did not wish to press the application for bail. In light of this statement, the Supreme Court dismissed the petition for bail. The judgment does not establish new legal principles but serves as a record of the dismissal of the bail application upon the request of the petitioner's counsel.
- Can a respondent in an appeal against acquittal, who has been arrested pursuant to a Supreme Court warrant, seek release on bail pending the disposal of the appeal?
- What is the effect of a counsel's statement not to press a bail petition before the Supreme Court?
- Section 302, Pakistan Penal Code 1860
- Section 307, Pakistan Penal Code 1860
ORDER
1. QAISAR KHAN, J -Mir Zaman along with two others was tried for the murders of Zahidin and Abdul Wadud and for attempting on the lives of Amanullah, Mst. Kafil Warrah and Mst. Taja. The learned Sessions Judge, Peshawar by his judgment dated the 22nd of October 1973 con--victed Mir Zaman under section 302, P. P: C. On one count only for the murder of Zahidin and under section 307, P. P. C.
2. Also on one count only for attempting on the life of Amanullah. Under section 302, P. P. C. He was sentenced to death and under section 307, P. P. C. He was sentenced to 3 years' R. I. And to pay a fine of Rs. 1,000 or in default to undergo six months' R. I.
3. The convict went up in appeal to the High Court at Peshawar and the High Court by its judgment dated the 23rd of November 1974, accepted his appeal, set aside his convictions and sentences and acquitted him. The State thereupon filed a petition for special leave to appeal against the aforesaid order of acquittal. This Court by its order dated the 10th of June 1976, granted leave to appeal and at the same time ordered the issuing of non-bail-able warrant for the arrest of Mir Zaman returnable to the District Magistrate, Peshawar. Pursuant to the warrant Mir Zaman has been arrested and is in judicial lock-up.
4. This is a petition by Mir Zaman for his release on bail pending '"`disposal of appeal against him.
5. After hearing Mr. M. Qasim Imam, learned Advocate-on-Record for the applicant/respondent for some time he stated that he did not wish to press his petition for the release of the petitioner on bail and in view of his statement this petition is therefore dismissed.