| Case ID |
155916bb-18c0-4620-b37d-af7fe49c59f7 |
| Body |
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| Case Number |
Criminal Petition No. 1088 of 2019 |
| Decision Date |
Nov 18, 2019 |
| Hearing Date |
Nov 18, 2019 |
| Decision |
The Supreme Court of Pakistan granted bail to the petitioner, Hidayat Khan, in a case involving serious charges under the Pakistan Penal Code, specifically sections pertaining to murder and the concealment of evidence. The court noted that the petitioner was not named in the FIR and that the prosecution's case relied heavily on circumstantial evidence, including the recovery of a SIM card belonging to the deceased and a pistol allegedly linked to the crime. The evidence, particularly the forensic report, was deemed to require further inquiry by the trial court. The court emphasized that if bail was misused or if there were delays in the trial caused by the petitioner, the trial court could recall the bail order. This decision highlights the balance between the presumption of innocence and the need for a thorough investigation before proceeding with serious charges. |
| Summary |
This case revolves around the procedural aspects of the granting of bail in serious criminal charges, specifically murder and related offenses under the Pakistan Penal Code. The Supreme Court highlighted the importance of evidence in determining the validity of the prosecution's claims against the petitioner, Hidayat Khan. The ruling underscores the principle that an accused should not be denied bail unless there is substantial evidence linking them to the crime. The court's decision reflects a commitment to uphold justice while ensuring that the rights of the accused are protected. The case also emphasizes the role of the trial court in evaluating evidence presented during the investigation phase. Key phrases include 'bail in murder case', 'evidence evaluation', and 'criminal procedure'. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MANZOOR AHMAD MALIK,
JUSTICE MAZHAR ALAM KHAN MIANKHEL,
JUSTICE HIDAYAT KHAN
|
| Lawyers |
Asadullah Khan Chamakani, Advocate Supreme Court,
Arshad Hussain Yousafzai, Advocate Supreme Court
|
| Petitioners |
Hidayat Khan
|
| Respondents |
THE STATE AND ANOTHER
|
| Citations |
2020 SLD 655 = 2020 SCMR 423
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860
|
| Sections |
164,
497(2),
201,
302,
404
|