| Case ID |
0aed0498-4132-4c63-be81-a80e0fb43dc2 |
| Body |
View case body. Login to View |
| Case Number |
Criminal Appeal No. 30K of 1986 |
| Decision Date |
Feb 05, 1987 |
| Hearing Date |
Feb 04, 1987 |
| Decision |
The Supreme Court of Pakistan cancelled the bail granted to the accused by the High Court. The Court found that the accused were specifically named in the FIR, and there was medical evidence indicating that firearm injuries were sustained by eight individuals other than the deceased. The circumstances suggested a prima facie implication of the accused. Furthermore, the plea of alibi raised by one of the accused had not been adequately investigated by the Trial Court. The decision emphasized the importance of thorough inquiry into all aspects of the case before granting bail. |
| Summary |
In the landmark case of Abdul Ghaffar vs Sakhi Sultan, the Supreme Court of Pakistan addressed crucial aspects of criminal law, particularly concerning bail cancellation under sections 302, 307, and 34 of the Penal Code. The Court scrutinized the FIR and medical evidence that indicated the involvement of the accused in a violent confrontation that resulted in multiple injuries and a fatality. The decision underscored the necessity of a comprehensive examination of the facts surrounding bail applications, particularly when serious charges such as murder are involved. Legal practitioners and scholars can draw valuable insights from this case regarding the interpretation of criminal procedure and the rights of the accused versus public safety. The case also highlights the role of the judiciary in ensuring that justice is served without undue delay, while balancing the rights of the accused. Keywords such as 'bail cancellation', 'criminal procedure', and 'Supreme Court decisions' are essential for understanding the implications of this ruling in the broader context of criminal law in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HALEEM, C.J.,
ASLAM RIAZ HUSSAIN,
NASIM HASAN SHAH,
ABDUL KADIR SHAIKH,
JAVID IQBAL, JJ
|
| Lawyers |
Abdul Hafeez Memon, Advocate Supreme Court,
M. Hayat Junejo, Senior Advocate Supreme Court,
M.A.I. Qarni, Advocate-on-Record,
S. Murtaza Hussain, Senior Advocate Supreme Court
|
| Petitioners |
ABDUL GHAFFAR
|
| Respondents |
Respondent No. 3,
Respondent No. 1,
Respondent No. 2,
Respondent No. 4,
SAKHI SULTAN
|
| Citations |
1987 SLD 594,
1987 SCMR 1556
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code,
Penal Code
|
| Sections |
497(5),
302,
307,
34
|