| Case ID |
0376efc6-b895-4000-8773-eccf91a4149d |
| Body |
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| Case Number |
Criminal Petition for Leave to Appeal No. 15-L of |
| Decision Date |
Mar 12, 2002 |
| Hearing Date |
|
| Decision |
The Supreme Court declined to grant leave to appeal, upholding the Lahore High Court's decision to recall bail for the petitioner, Muhammad Arshad. The court found that the High Court had adequately considered the evidence, which indicated that the petitioner was involved in the crime. The court determined that the High Court exercised its discretionary power appropriately, with sound reasoning, and that there was no misreading or non-reading of evidence. The decision signifies the importance of thorough examination of evidence in bail matters and reinforces the High Court's authority in such discretionary decisions. |
| Summary |
This case revolves around the denial of bail to Muhammad Arshad, who was accused in a serious criminal case involving the murder of Muhammad Iqbal. The incident occurred during a home invasion where the accused allegedly shot the victim. The Lahore High Court initially granted bail but later recalled it upon the complainant's appeal, citing substantial evidence of the petitioner's involvement. The Supreme Court of Pakistan upheld this decision, emphasizing the importance of evidence evaluation in bail proceedings. This case highlights critical aspects of criminal law, including bail rights, the evaluation of evidence, and the discretionary powers of the courts, especially in serious offenses like murder. Key legal aspects include sections from the Criminal Procedure Code, the Constitution, and the Pakistan Penal Code, which collectively underscore the legal framework surrounding bail and criminal proceedings. Legal professionals, especially those dealing with criminal defense, will find the nuances of this case relevant for understanding judicial reasoning in bail matters. This case serves as a precedent for similar future cases and underscores the importance of judicial scrutiny in maintaining justice. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Mian Muhammad Ajmal,
Syed Deedar Hussain Shah
|
| Lawyers |
Ch. Rashid Ahmed, Advocate Supreme Court,
Ch. Mehdi Khan Mehtab, Advocate-on-Record
|
| Petitioners |
Muhammad Arshad
|
| Respondents |
The State,
|
| Citations |
2004 SLD 353,
2004 SCMR 222
|
| 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
|