Legal Case Summary

Case Details
Case ID 0f523f92-7a0d-45f7-8fcd-7f2d7d1db01d
Body View case body.
Case Number Criminal Petition No.7-K of 2008
Decision Date Feb 29, 2008
Hearing Date
Decision The Supreme Court of Pakistan dismissed the petition for leave to appeal against the order of the High Court of Sindh, which had denied the petitioner's application for pre-arrest bail. The court noted that the petitioner was implicated in a murder case based on a promptly lodged FIR and the testimony of a prosecution witness, the mother of the deceased. The court emphasized that the considerations for granting pre-arrest bail differ significantly from those applicable after arrest. Given the evidence presented, the petitioner failed to establish a case warranting pre-arrest bail, leading to the dismissal of the petition.
Summary In the case of RIAZ ALI vs. THE STATE, the Supreme Court of Pakistan addressed the issue of pre-arrest bail under the Criminal Procedure Code and related laws. The petitioner, Riaz Ali, sought leave to appeal following the dismissal of his bail application by the High Court of Sindh. The court highlighted that the petitioner was named in the FIR with a specific role in a murder case involving the death of a minor, Bakhtawar. The ruling reiterated the distinction between pre-arrest and post-arrest bail considerations, ultimately concluding that the petitioner could not establish grounds for pre-arrest bail. This case underlines the importance of timely lodged FIRs and credible witness testimonies in criminal proceedings, particularly in serious allegations such as murder. Legal practitioners should take note of the principles established in this ruling regarding bail applications in similar contexts.
Court Supreme Court of Pakistan
Entities Involved Not available
Judges ABDUL HAMEED DOGAR, C.J., MUHAMMAD MOOSA K. LEGHARI, J
Lawyers Abdul Waheed Siddiqui, Advocate Supreme Court, Akhlaq Ahmed Siddiqui, Advocate-on-Record
Petitioners RIAZ ALI
Respondents THE STATE
Citations 2008 SLD 1719, 2008 SCMR 884
Other Citations Not available
Laws Involved Criminal Procedure Code, Penal Code, Constitution of Pakistan
Sections 498, 302, Art.185(3)