| Case ID |
03f5d18c-c02e-4028-be0d-87f5f1bc52a3 |
| Body |
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| Case Number |
Crl. P. No. 263 of 2023 |
| Decision Date |
Apr 27, 2023 |
| Hearing Date |
Apr 27, 2023 |
| Decision |
The Supreme Court of Pakistan allowed the petition for post-arrest bail, setting aside the previous order by the High Court. The Court noted that the prosecution's case relied heavily on belated statements and circumstantial evidence, which created a reasonable doubt regarding the petitioner's guilt. The petitioner was deemed a young individual with health concerns, having been imprisoned for over 14 months without sufficient evidence to justify continued detention. The decision emphasizes the importance of the presumption of innocence and the benefit of the doubt in criminal cases, particularly at the bail stage. The petitioner was granted bail upon furnishing bonds to the satisfaction of the Trial Court. |
| Summary |
In the case of Crl. P. No. 263 of 2023, the Supreme Court of Pakistan addressed the appeal for post-arrest bail filed by SALMAN ZAHID against the order of the High Court of Sindh. The case stemmed from an FIR alleging murder under multiple sections of the Pakistan Penal Code, following the death of the complainant's son. The Court scrutinized the belated supplementary statements from the complainant, which raised significant doubts about the reliability of the prosecution's case. The decision highlighted the need for forensic examination of crucial evidence, which had not been conducted, further undermining the prosecution's claims. The ruling reinforced the principles of criminal justice, emphasizing that the liberty of an individual cannot be compromised based on vague and unsubstantiated allegations. This case is crucial for understanding the application of bail laws and the rights of defendants in Pakistan, particularly in light of the established legal precedents that favor the presumption of innocence. Keywords: bail, Supreme Court, Pakistan Penal Code, presumption of innocence, criminal justice, supplementary statements, forensic examination. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Munib Akhtar,
Sayyed Mazahar Ali Akbar Naqvi,
Athar Minallah
|
| Lawyers |
Mr. Aamir Mansoob Qureshi, ASC,
Mr. Hussain Bux Baloch, Addl. P.G.,
Imtiaz Ali, Inspector,
Rizwan Shah, Inspector,
Mr. Saalim Salam Ansari, ASC
|
| Petitioners |
SALMAN ZAHID
|
| Respondents |
STATE through P.G. Sindh
|
| Citations |
2024 SLD 4726,
2024 PLJ 25
|
| Other Citations |
PLD 2019 SC 675,
1996 SCMR 1553,
2020 SCMR 1049,
2022 SCMR 1271,
2022 SCMR 1555,
2023 SCMR 364
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860
|
| Sections |
497,
302,
337-J,
109,
34
|