RAISUDDIN vs The STATE — 1971 SCMR 1

Citation: 1971 SCMR 1

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: RAISUDDIN vs The STATE

Headnotes

Case cited as 1971 SCMR 1

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Mujibur Rahman Khan Title: RAISUDDIN vs The STATE Case No.:Criminal Appeal No. 5 of 1970 Petition for Special Leave to Appeal No. 21-D JUDGMENT Reported As: 1971 SCMR 1 Result: Petition dismissed Judgment JUDGMENT HAMOODUR RAHMAN, C. J.-The petitioner was tried along with 7 others by the Additional Sessions Judge, First Court, Dacca. He and six others were found guilty under section 304, Part II read with section 34 of the Pakistan Penal Code arid were sentenced to suffer rigorous imprisonment for five years each. They all preferred an appeal to the High Court. The appeal was admitted for hearing on the 6th of January 1970. Subsequently an application for bail was filed on the 23rd of January 1970, on behalf of four persons, not including the present petitioner. The High Court enlarged co-accused Abu Baker on bail but rejected the application of the others. A second application for bail was made on the 20th of February 1970, in respect of four other persons, including the petitioner. This was also rejected. The petitioner alone has now come up for special leave to appeal. His application is barred by 4 days and the explanation for the delay is that although he had entrusted the papers to the learned Advocate-on-Record on the 13th of April 1970, he could not produce the vakalatnama attested by the Jail Authorities as required by the learned Advocate until the evening of the 17th of April 1970. Hence the…

Read the full judgment on Al Wakeelo — Pakistan's AI-powered legal research platform.