| Case ID |
092cdebb-02d2-43c1-973e-e2a87d4924a4 |
| Body |
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| Case Number |
Criminal Petition for Special Leave to Appeal No. |
| Decision Date |
Apr 26, 1987 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition for special leave to appeal against the High Court's order granting pre-arrest bail to the respondent. The court found no sufficient grounds to interfere with the High Court's decision, as the State did not challenge the order. The allegations against the respondent were primarily related to tampering with official records, but no evidence was established regarding bribery or misappropriation of funds. The court concluded that the findings of the Assistant Director Anti-Corruption did not warrant cancelling the bail. |
| Summary |
In the case of Muhammad Yousaf vs. Captain (Retd.) Abdul Qayyum, the Supreme Court of Pakistan dealt with a Criminal Petition for Special Leave to Appeal concerning the cancellation of pre-arrest bail granted to the respondent. The allegations included serious charges under the Penal Code and Prevention of Corruption Act, specifically related to misappropriation and tampering with government documents. The court examined the inquiry conducted by the Anti-Corruption Directorate which found limited substance in the allegations, leading to the High Court's decision to allow bail. This case highlights the judicial process of reviewing bail decisions and the standards required to overturn such orders. The ruling emphasizes the importance of evidence in corruption cases and the necessity for the State to actively participate in legal proceedings to challenge bail orders. This decision serves as a precedent in understanding the balance between the rights of the accused and the need for accountability in public office. Keywords such as 'Pre-arrest Bail', 'Corruption Charges', 'Judicial Review', and 'Legal Precedent' are essential for ranking and visibility in legal discussions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Nasim Hasan Shah,
Saad Saood Jan
|
| Lawyers |
Sh. Nazir Ahmad Shami,
Mahmood A. Qureshi,
A. Basit,
Tanvir Ahmad
|
| Petitioners |
Muhammad Yousaf
|
| Respondents |
,
Captain (Retd.) Abdul Qayyum
|
| Citations |
1987 SLD 439 = 1987 SCMR 1158
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860),
Prevention of Corruption Act (II of 1947),
Constitution of Pakistan (1973)
|
| Sections |
497,
498,
468,
471,
409,
5(2),
Art. 185(3)
|