| Case ID |
0ac99a0f-95e7-4073-9778-be52864163fb |
| Body |
View case body. Login to View |
| Case Number |
Criminal Petition No. 119 of 1994 |
| Decision Date |
Nov 22, 1994 |
| Hearing Date |
Nov 22, 1994 |
| Decision |
The Supreme Court granted leave to appeal to examine the contention that the minority of the accused was not sufficient to admit him to bail under section 302, P.P.C. The court found that the respondent was solely responsible for the death of the deceased as he made repeated shots from the crime weapon, thus ruling against the bail granted by the Lahore High Court. The court emphasized that the circumstances surrounding the crime were significant and that a minor's age alone could not be the sole factor for granting bail in serious cases. The court ultimately cancelled the bail and ordered the respondent to be remanded to custody for the duration of the trial. |
| Summary |
In the landmark case of Criminal Petition No. 119 of 1994, the Supreme Court of Pakistan addressed the critical issue of bail in serious criminal cases involving minors. The case revolved around the respondent, Muhammad Aamar, who was accused of murder under section 302 of the Penal Code. The Lahore High Court had granted him bail solely on the grounds of his minority, which was challenged by the petitioner, Sajjad Ahmed. The Supreme Court, in its decision dated November 22, 1994, ruled that mere minority was insufficient to justify bail in light of the grave nature of the charges against the respondent. The court referenced previous judgments, emphasizing that the specific circumstances of the crime must be considered. This ruling reinforced the principle that the severity of the crime can outweigh the considerations of age in determining bail eligibility. The decision is pivotal in shaping the judicial approach towards minors involved in serious offenses, ensuring that justice is upheld while also considering the rights of younger individuals in the legal system. Keywords: bail, minor, Supreme Court, Pakistan, criminal law, murder, section 302, judicial discretion. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SAIDUZZAMAN SIDDIQUI,
MUKHTAR AHMED
|
| Lawyers |
Ch. Muhammad Iqbal, Advocate Supreme Court,
Khan Imtiaz Muhammad Khan, Advocate-on-Record
|
| Petitioners |
SAJJAD AHMED
|
| Respondents |
others,
MUHAMMAD AAMAR
|
| Citations |
1997 SLD 742,
1997 SCMR 1134
|
| Other Citations |
Imam Din v. Muhammad Rafique and others 1983 SCMR 791
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860),
Constitution of Pakistan (1973)
|
| Sections |
497,
302/34,
185(3)
|