| Case ID |
092b48b5-c16f-4cea-9f4e-15ae425c7093 |
| Body |
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| Case Number |
Criminal Appeal No. K-4 of 1979 in Criminal Petiti |
| Decision Date |
Aug 21, 1979 |
| Hearing Date |
Aug 21, 1979 |
| Decision |
The Supreme Court of Pakistan allowed bail for the petitioner, GHULAM ASGHAR, who was being tried for murder. The court found that the only evidence against him was his judicial confession, which he argued did not indicate an intention to kill, but rather a plea of self-defense. The court concluded that the recovery of a blood-stained weapon (Lathi) had little corroborative value to support the prosecution's case. The petitioner’s claim of acting in self-defense was deemed credible, leading to the decision to grant bail in the sum of Rs.20,000 with one surety of the same amount. |
| Summary |
In the case of GHULAM ASGHAR vs. THE STATE, the Supreme Court of Pakistan addressed important legal principles regarding self-defense and the evidence required for murder charges. The petitioner, GHULAM ASGHAR, was accused of killing a Chowkidar named Abdul Sattar following a quarrel. The court meticulously evaluated the judicial confession presented as evidence against him. The petitioner maintained that he acted in self-defense, as he was provoked during a confrontation. The court highlighted the significance of intention in such cases, stating that the recovery of a blood-stained weapon alone does not suffice to prove intent to kill. This ruling emphasizes the necessity for a comprehensive examination of evidence in criminal cases, particularly when self-defense is claimed. The decision to grant bail reflects the court’s acknowledgment of the petitioner’s right to defend himself against the charges. Such rulings contribute to the evolving discourse on criminal law and the protection of individual rights within the judicial system. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
DORAB PATEL,
MUHAMMAD HALEEM,
ASLAM RIAZ HUSSAIN
|
| Lawyers |
M. Hayat Junejo, Senior Advocate,
Noor Ahmad Noori, Advocate-on-Record,
Memon, Additional Advocate-General,
S.M. Abbas, Advocate-on-Record
|
| Petitioners |
GHULAM ASGHAR
|
| Respondents |
THE STATE
|
| Citations |
1985 SLD 1024,
1985 SCMR 1946
|
| Other Citations |
Najib Raza Rehmani v. The State PLD 1978 S C 200
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497,
302
|