Case ID |
0f523f92-7a0d-45f7-8fcd-7f2d7d1db01d |
Body |
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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)
|