| Case ID |
005e517f-f5b1-4ce6-894f-f0904773652c |
| Body |
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| Case Number |
Criminal Appeal No. 39-K of 2022 |
| Decision Date |
Feb 06, 2023 |
| Hearing Date |
Feb 06, 2023 |
| Decision |
The Supreme Court of Pakistan allowed the petition for bail of Gul Muhammad, who was accused of a serious crime involving an attack on the complainant party. The Court noted that the allegations against the petitioner were based on a delayed registration of a First Information Report (FIR), which raised questions about the credibility of the complainant's claims. The medical evidence supported the petitioner's defense, indicating that he had also been injured during the incident. The Court emphasized the importance of personal liberty and stated that merely on the basis of unsubstantiated allegations, the liberty of an individual cannot be curtailed. Therefore, the petition was converted into an appeal, and the petitioner was granted bail on the condition of furnishing bail bonds. |
| Summary |
This case revolves around the petition for bail filed by Gul Muhammad, who was accused of committing serious offenses under various sections of the Penal Code and Criminal Procedure Code. The Supreme Court of Pakistan highlighted the significance of fair legal processes and the need for thorough inquiry before denying bail. It was noted that the complainant's FIR was filed after a considerable delay, which suggested possible deliberations and consultations prior to its filing. The medical evidence presented supported the petitioner's claims of being attacked, leading to significant injuries. The Court's ruling underscores the principles of justice and the protection of individual rights, particularly in cases where the evidence does not conclusively establish guilt. This decision serves as a critical reference for future cases involving similar legal principles, emphasizing the balance between the rights of the accused and the interests of justice. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Sayyed Mazahar Ali Akbar Naqvi,
Jamal Khan Mandokhail,
Athar Minallah
|
| Lawyers |
Mian Taj Muhammad Keerio,
Hussain Bux Baloch
|
| Petitioners |
GUL MUHAMMAD
|
| Respondents |
The STATE
|
| Citations |
2023 SLD 1370,
2023 SCMR 857
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860),
Constitution of Pakistan, 1973
|
| Sections |
497(2),
302,
324,
337-A(i),
337-F(i),
337-H(2),
504,
506,
114,
148,
149,
185(3)
|