| Case ID |
10a0c89e-a9e1-4351-a035-15dd0a80c953 |
| Body |
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| Case Number |
Crl. Petition Nos. 876/2017 & 889/2017 |
| Decision Date |
Sep 19, 2017 |
| Hearing Date |
Sep 19, 2017 |
| Decision |
The Supreme Court granted pre-arrest bail to the petitioners, Dr. Najeeba Sultan Bhatti and Aamir Bashir, after finding sufficient grounds to question the credibility of the evidence presented by the complainant. The Court highlighted that the High Court had acted beyond its jurisdiction by recalling the bail granted by the Sessions Court without substantial evidence proving the order was perverse. The Court emphasized the importance of maintaining the presumption of innocence and the need for credible evidence before denying bail. The petitioners were admitted to bail, subject to a surety of Rs. 200,000, with a reminder that misuse of bail could lead to its cancellation. |
| Summary |
This case revolves around the pre-arrest bail applications of Dr. Najeeba Sultan Bhatti and Aamir Bashir in response to allegations stemming from a criminal case involving murder and attempted robbery. The Supreme Court of Pakistan evaluated the High Court's decision to recall bail and determined that the High Court had overstepped its authority. The Court reinforced the necessity for clear and compelling evidence to justify the recall of bail previously granted by the Sessions Court. The petitioners were granted bail, highlighting the principles of justice, fair trial, and the presumption of innocence. The case underscores the critical balance between law enforcement's need to investigate and the rights of individuals against arbitrary detention. Keywords: pre-arrest bail, Supreme Court of Pakistan, criminal procedure, bail cancellation, presumption of innocence, justice, fair trial. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Islamabad High Court,
Police Station Kohsar,
PIMS Hospital
|
| Judges |
MUSHIR ALAM,
DOST MUHAMMAD KHAN,
SAJJAD ALI SHAH
|
| Lawyers |
Mr. Muhammad Ilyas Siddiqui,
Ch. Muhammad Ashraf Gujjar,
Mr. Nazir Ahmad Bhutta,
Syed Rifaqat Hussain Shah,
Mian Abdul Rauf
|
| Petitioners |
Aamir Bashir,
Dr. Najeeba Sultan Bhatti
|
| Respondents |
State
|
| Citations |
2018 SLD 2348,
2018 PLJ 445
|
| Other Citations |
Khalid Javed Gillan v. The State (PLD 1978 SC 256)
|
| Laws Involved |
Criminal Procedure Code, (V of 1898)
|
| Sections |
498,
497(5)
|