| Case ID |
03a4f0da-81e6-424a-bf8c-386f3b9fc652 |
| Body |
View case body. Login to View |
| Case Number |
D-515 to 522 of 1980 |
| Decision Date |
|
| Hearing Date |
Oct 27, 1980 |
| Decision |
The Supreme Court dismissed the petitions for bail based on the petitioner's established abscondence and abuse of the court process. The court determined that the duration and nature of the abscondence rendered the petitioner ineligible for bail, regardless of the merits of the case. The petitioner's conduct of making repeated applications for anticipatory bail and then failing to appear were viewed as attempts to manipulate the legal process, thus justifying the denial of discretionary relief. The court concluded that the petitions did not warrant further consideration and were dismissed accordingly. |
| Summary |
In the significant case of Rao Qadeer Khan vs. The State, the Supreme Court of Pakistan evaluated multiple petitions concerning bail under the Criminal Procedure Code. The Court underscored the importance of a petitioner's conduct in determining eligibility for bail. It was found that Rao Qadeer Khan had absconded for a considerable period, which prima facie established grounds for denying bail. The decision highlighted the legal principles regarding bail eligibility, particularly addressing the abuse of process when a petitioner attempts to gain advantage through repeated anticipatory bail requests while avoiding court appearances. This case serves as a critical reference for understanding the implications of abscondence and the judicial discretion exercised in bail matters, particularly in criminal proceedings. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
KARAM ELAHEE CHAUHAN,
MUHAMMAD AFZAL ZULLAH,
NASIM HASSAN SHAH
|
| Lawyers |
B. A, Saleemi, Advocate Supreme Court,
Sh. Abdul Karim, Advocate-on-Record for Petitioner,
Khalil-ur-Rehman Ramdey, Additional Advocate-General (Punjab),
Sh. Ijaz All, Advocate-on-Record for the State,
Muhammad Ashraf Ealahi, Advocate Supreme Court for the Complainant
|
| Petitioners |
Rao QADEER KHAN
|
| Respondents |
THE STATE
|
| Citations |
1981 SLD 1264,
1981 PLD 93
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898)
|
| Sections |
497(1),
498
|