| Case ID |
005a40e1-6e60-4d3f-a6e5-79d11656a7d3 |
| Body |
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| Case Number |
Criminal Petition No. 1268-L of 2021 |
| Decision Date |
Jan 27, 2022 |
| Hearing Date |
Jan 27, 2022 |
| Decision |
In this case, the Supreme Court of Pakistan addressed the refusal of bail to the petitioner, Dilawar Ali, who was accused of strangling his wife, Muqaddas Bibi. The court thoroughly examined medical evidence which ruled out the possibility of suicide and highlighted inconsistencies in the accused's claims. The court emphasized the burden of proof on the petitioner, given the shared residence with the deceased. Ultimately, the petition for leave to appeal was dismissed, and bail was refused based on the compelling evidence against the accused and the ongoing acrimony between the spouses. |
| Summary |
This case involves the Supreme Court of Pakistan's ruling on a criminal petition regarding the refusal of bail for Dilawar Ali, accused of murdering his wife, Muqaddas Bibi. The court's decision was based on medical evidence, which indicated that the cause of death was inconsistent with suicide. The case underscores the importance of medical evidence in criminal proceedings, particularly in domestic violence cases. The court found that the hypothesis of suicide was untenable, especially considering the presence of a 9-month-old infant. The ruling also addressed the procedural aspects of bail applications and the burden of proof on the accused. This case contributes to the broader discourse on domestic violence laws in Pakistan and the judiciary's role in ensuring justice for victims. Keywords: Supreme Court, bail refusal, domestic violence, murder case, medical evidence, Pakistan legal system. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
UMAR ATA BANDIAL,
SYED MANSOOR ALI SHAH,
QAZI MUHAMMAD AMIN AHMED
|
| Lawyers |
Javed Imran Ranjha
|
| Petitioners |
Dilawar Ali
|
| Respondents |
The State and Others
|
| Citations |
2022 SLD 1044,
2022 SCMR 1066
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Constitution of Pakistan, 1973,
Pakistan Penal Code, 1860
|
| Sections |
497,
185(3),
302(b)
|