| Case ID |
14f8afb9-27ff-4d71-95db-134496b6d0a7 |
| Body |
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| Case Number |
Criminal Petition for Leave to Appeal No. 28-L of |
| Decision Date |
Apr 15, 1998 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan ruled that the service of notice to the petitioner through his brother was not in accordance with the law, as the petitioner was not heard before the bail granted by the trial court was recalled by the High Court. The court confirmed the ad interim bail previously granted to the petitioner. This decision underscores the importance of ensuring that all parties are properly served and heard in legal proceedings, particularly in matters concerning bail. |
| Summary |
In the case of Riaz Ahmad vs. The State, the Supreme Court of Pakistan examined the legality of a bail order that had been recalled by the Lahore High Court. The petitioner, Riaz Ahmad, argued that he was not properly notified of the proceedings against him, as the notice was served to his brother rather than directly to him. The court found merit in this argument, emphasizing that proper service is a fundamental requirement in legal proceedings. The decision highlighted the principles of natural justice, affirming that every individual has the right to be heard before any adverse decision is made against them. The Supreme Court ultimately converted the petition for leave to appeal into an appeal and allowed the bail, confirming the ad interim bail previously granted. This case serves as a significant precedent in the realm of criminal law, particularly concerning the rights of defendants in bail proceedings. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
RAJA AFRASIAB KHAN,
SH. RIAZ AHMED
|
| Lawyers |
Zahid Hussain Khan,
Ch. Mehdi Khan Mehtab,
Abdul Samad
|
| Petitioners |
RIAZ AHMAD
|
| Respondents |
THE STATE
|
| Citations |
1999 SLD 388 = 1999 SCMR 1324
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860),
Constitution of Pakistan (1973)
|
| Sections |
497,
337-A (ii),
337-A (iii),
336,
34,
185(3)
|