G. M. D. GHAURI vs Ch. ZAHEER UD DIN AND Anoters
This matter concerns a petition for review filed against an order of the Supreme Court of Pakistan, which had previously dismissed a Criminal Petition for Special Leave to Appeal challenging the grant of pre-arrest bail to the respondent by the Lahore High Court. The respondent faced charges under sections 420, 468, 472, 419, and 406 of the Pakistan Penal Code 1860. The petitioner contended that the respondent was ineligible for bail due to the nature of the offence under section 472, which carries a potential sentence of ten years imprisonment, arguing that the grant of bail violated the provisions of the Code of Criminal Procedure 1898. The Supreme Court held that under Order XXVI, Rule 1 of the Supreme Court Rules 1956, a review petition in criminal proceedings is maintainable only upon demonstrating an error apparent on the face of the record. Finding no such error and noting that the court had previously considered the nature of the alleged offences when denying leave to appeal, the Court dismissed the review petition as meritless.
- Under what grounds is a review petition maintainable in criminal cases before the Supreme Court of Pakistan?
- Does the mere severity of an offence, such as one punishable by ten years imprisonment, automatically preclude the grant of bail under the Code of Criminal Procedure 1898?
- Section 420, Pakistan Penal Code 1860
- Section 468, Pakistan Penal Code 1860
- Section 472, Pakistan Penal Code 1860
- Section 419, Pakistan Penal Code 1860
- Section 406, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
- Section 498, Code of Criminal Procedure 1898
- Order XXVI Rule 1, Supreme Court Rules 1956
ORDER
KARAM ELAHEE CHAUHAN, J.-Ch. Zaheer-ud-Din respondent No. 1 was granted pre-arrest bail by a learned Single Judge of the Lahore High Court on 20-11-1977 in a case registered against him as per F: I. R. No. 247 of 1977 dated 28-5-1977 under sections 420/468/472,/419 and 406, P. P. C. The petitioner filed a Criminal Petition for Special Leave to Appeal No. 306/1977 against the same but without any success as it was dismissed by this Court on 28-2-1978. The petitioner has now filed the present petition for review of the aforesaid order.
2. Learned counsel for the petitioner has argued that the respondent was inter alia accused of an offence under section 472, P, P. C. Which was punishable with imprisonment of 10 years and as such he could not have been granted bail for that offence in view of the provisions of section 497/ 498, Cr. P. C. Under Order XXVI, rule 1 of the Supreme Court Rules, 195 a review petition is maintainable in criminal cases only on ground of a error apparent on the face of the record. The learned counsel was not able to point out any such error. The nature of the offence alleged again the respondent was fully in the notice of the court and taking an overall view of the matter, this court found that it was a case in which the privilege of bail was rightly allowed to the respondent by the High Court.
The petition for special leave to appeal was consequently rejected. The present review petition has no merit and is dismissed. 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.