| Case ID |
158cb749-85d7-453b-92dd-bff2fe38866c |
| Body |
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| Case Number |
Criminal Petition for Leave to Appeal No. 125 of 1 |
| Decision Date |
Nov 14, 1995 |
| Hearing Date |
Nov 14, 1995 |
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal against the Lahore High Court's order granting bail to Basit, the respondent. The Court emphasized that it is not expected to interfere in matters concerning the grant of bail by a High Court unless compelling reasons exist. The Court found no strong or exceptional grounds for canceling the bail previously granted, noting that the police had based their finding of the respondent's innocence on testimony from approximately 100 local witnesses. Consequently, the leave to appeal was refused, affirming the High Court's decision. |
| Summary |
In the case concerning the cancellation of bail granted to Basit, the Supreme Court of Pakistan addressed critical legal principles surrounding bail procedures. The Court reiterated the high threshold for canceling bail, requiring strong and exceptional grounds. The case involved allegations against Mazhar Mahmood and associates for the murder of Muhammad Waheed, with the police's findings of innocence playing a crucial role in the High Court's decision to grant bail. This case underscores the importance of judicial discretion in bail matters and the reliance on thorough investigations. Keywords: bail cancellation, Supreme Court of Pakistan, legal principles, criminal procedure, judicial discretion. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ZIA MAHMOOD MIRZA,
MUHAMMAD MUNIR KHAN
|
| Lawyers |
Muhammad Nawaz Abbasi,
Raja Abdul Ghafur,
Sardar Muhammad Ishaque,
Ejaz Muhammad Khan,
Muhammad Yawar Ali Khan
|
| Petitioners |
Mazhar Mahmood
|
| Respondents |
Basit
|
| Citations |
1997 SLD 675,
1997 SCMR 915
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860),
Constitution of Pakistan (1973)
|
| Sections |
497(5),
302,
324,
34,
185(3)
|