| Case ID |
0ba13a81-6b17-48d5-9c04-07eb65d88a7d |
| Body |
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| Case Number |
Criminal Petition No. 272 of 2002 |
| Decision Date |
Oct 11, 2002 |
| Hearing Date |
Jul 02, 2002 |
| Decision |
The Supreme Court of Pakistan granted the petition for leave to appeal, converting it into an appeal and allowing it. The petitioner, Ali Gul, was released on bail, as the court found significant doubts in the prosecution's case. The FIR was lodged with a delay of 24 hours without a convincing explanation, and the alleged abductees had returned home prior to their statements being recorded. The absence of medical evidence further supported the decision to grant bail, emphasizing the principle that the benefit of doubt must be extended to the accused. |
| Summary |
In the case of Ali Gul vs. The State, the Supreme Court of Pakistan addressed critical issues surrounding bail and the evidentiary standards required for prosecution. The court examined the delay in lodging the FIR, the return of the alleged abductees prior to their statements, and the lack of medical evidence. The ruling underscored the importance of the presumption of innocence and the necessity for the prosecution to establish a clear case. This decision highlights significant legal principles such as the right to bail, the importance of timely reporting in criminal proceedings, and the evidential burden on the prosecution. With trending keywords including 'bail rights', 'criminal procedure', and 'presumption of innocence', this case serves as a pivotal reference for legal practitioners and scholars alike. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Iftikhar Muhammad Chaudhry,
Rana Bhagwandas
|
| Lawyers |
Raja Abdul Ghafoor,
Muhammad Rafique Chaudhry
|
| Petitioners |
Ali Gul
|
| Respondents |
The State
|
| Citations |
2003 SLD 835,
2003 SCMR 201
|
| Other Citations |
Amir v. The State PLD 1972 SC 277
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Offences Against Property (Enforcement of Hudood) Ordinance 1979,
West Pakistan Arms Ordinance (XX of 1965),
Pakistan Penal Code, 1860
|
| Sections |
497,
161,
164,
17(3),
13D,
324,
449,
452,
427,
109,
34
|