| Case ID |
0f73b10f-beab-423a-96f1-64ef9f42b8d6 |
| Body |
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| Case Number |
Petition for Special Leave to Appeal No. 107 of 19 |
| Decision Date |
May 02, 1967 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition for special leave to appeal against the High Court's refusal to grant bail to Chiragh Din, who was alleged to have abetted a murder by shouting a lalkara. The Court noted that the distinction made by the High Court in a previous case regarding the age and health of the accused was appropriate. It concluded that the mere act of shouting a lalkara could serve as sufficient evidence of abetment, depending on the circumstances, and that the appreciation of evidence is the function of the trial court. |
| Summary |
This case revolves around the legal principles of abetment in criminal law, particularly in relation to the act of shouting a lalkara during a murder. The Supreme Court of Pakistan examined the criteria for granting bail in murder cases and emphasized the importance of evaluating the facts and circumstances surrounding the crime. The ruling clarifies that the presence at the crime scene can constitute an overt act of abetment, and the trial court has the exclusive function to assess evidence. This case is significant in understanding the nuances of criminal procedure and the standards for establishing abetment in Pakistan. Keywords include 'murder', 'abetment', 'bail', 'Supreme Court of Pakistan', 'Criminal Procedure Code', and 'Penal Code'. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
A. R. Cornelius, C.J.,
Muhammad Yaqub Ali, J
|
| Lawyers |
S. M. Shah Mashhedi, Advocate Supreme Court,
Abdul Karim, Attorney
|
| Petitioners |
Chiragh Din
|
| Respondents |
The State
|
| Citations |
1967 SLD 56,
1967 PLD 340
|
| Other Citations |
Abdul Aziz v. Bashir Ahmad P L D 1966 S C 658
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
S. 497,
Ss. 302/149,
S. 114
|