| Case ID |
08a5ea4a-6581-45f6-95bf-678bb44fcc25 |
| Body |
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| Case Number |
Criminal Petitions Nos.81-P and 82-P of 2012 |
| Decision Date |
Oct 15, 2012 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan held that the petitioners, who were apprehended with arms and ammunition, were entitled to bail as the offences under sections 13 and 14 of the Pakistan Arms Ordinance are bailable, except in the Province of Punjab where they were made non-bailable by an amendment. The Court noted that the High Court erred in its application of the law and that the judgments cited were distinguishable as they pertained to different legislation. Consequently, the petitioners were granted bail with two sureties for the sum of Rs.2,00,000. |
| Summary |
In this pivotal case, the Supreme Court of Pakistan addressed the issue of bail concerning the possession and smuggling of illegal weapons under the Pakistan Arms Ordinance, 1965. The Court clarified that the offence under section 13 is bailable, which was critical in determining the rights of the petitioners, Madad Khan and Gul Rehman. The ruling emphasized the importance of understanding regional amendments to the Criminal Procedure Code and how they impact the interpretation of bail laws. The Court's decision to grant bail not only reinforced the legal principle that certain offences are bailable but also highlighted the necessity for courts to adhere to established laws without deviation, ensuring justice is upheld. This case serves as a significant reference for future bail applications involving similar charges, affirming the rights of individuals under Pakistani law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
NASIR-UL-MULK,
TARIQ PARVEZ,
AMIR HANI MUSLIM
|
| Lawyers |
Noor Alam Khan,
Kh. Azhar Rashid
|
| Petitioners |
GUL REHMAN,
MADAD KHAN
|
| Respondents |
The STATE
|
| Citations |
2013 SLD 1588,
2013 SCMR 834
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Arms Ordinance (XX of 1965)
|
| Sections |
497,
13,
14
|