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NAZIR AHMED versus STATE


Article 185 (3) read with Criminal Code of Conduct (V9 1898); Section 426 (1A) appeals from the Supreme Court against the order of revocation of life imprisonment in the death sentence of the appellant of the High Court, Due to a state of affairs in the Supreme Court only, the delay in dismissing the appeal cannot be granted [delay].

1982 S C M R 939

Present : Anwarul Haq, C. J., Muhammad Haleem and Nasim Hasan Shah, JJ

NAZIR AHMED‑Appellant

Versus

THE STATE‑Respondent

Criminal Miscellaneous Petition No. 8‑B of 1978 in Criminal Appeal No. 199 of 1978, decided on 8th April, 1980.

Constitution of Pakistan (1973)‑

‑‑ Art. 185(3) read with Criminal Procedure Code (V of 1898), S. 426(1‑A)‑Appeal to Supreme Court against order of High Court altering sentence of death of appellant to that of life imprisonment Bail of accused‑appellant pending disposal of appeal‑Held, cannot be granted merely on ground of delay likely to accrue in disposal of appeal, in view of state of work obtaining in Supreme Court.‑[Delay].

Shahid Hussain Kadri, Advocate Supreme Court and Masood Akhtar (Absent) for Applicant.

Nemo for the State.

ORDER

ANWARUL HAQ, C. J.

‑The petitioners were granted leave to appeal on 20‑3‑1978, against the judgment of the Lahore High Court, Bahawalpur Circuit, by which the sentence of death of the appellants was altered to life imprisonment.

Mr. Shahid Hussain Kadri learned counsel heard, in support of the Miscellaneous application seeking suspension of the petitioner‑appellant's sentence and releasing them on bail. At this stage we are not inclined to release them on bail merely on the ground of delay in the disposal of the appeal, in view of the state of work obtaining in this Court. The application is rejected. However, efforts will be made for early disposal of the appeal.

Petition dismissed.

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