| Case ID |
15cf007c-57ac-4edf-babe-24a250785c27 |
| Body |
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| Case Number |
Criminal Petition No. 425-L of 2015 |
| Decision Date |
Jul 27, 2015 |
| Hearing Date |
Jul 27, 2015 |
| Decision |
The Supreme Court granted post-arrest bail to the petitioner, Muhammad Afzal Butt, who had been behind bars since November 22, 2012. The High Court had previously dismissed his bail on statutory grounds due to delays in the trial, which were attributed to the abscondment of co-accused persons closely related to the petitioner. However, the Supreme Court found that the nature of the relationship between the petitioner and co-accused was not adequately described by the High Court. The Court ruled that the mere fact of absconding co-accused did not justify denying bail, as the trial could have been separated. The petitioner was thus admitted to bail on the condition of furnishing bonds of Rs. 200,000 with two sureties. |
| Summary |
In this notable case, the Supreme Court of Pakistan addressed the issue of bail under statutory grounds as defined in the Criminal Procedure Code. The petitioner, Muhammad Afzal Butt, sought post-arrest bail after being incarcerated for an extended period without the trial's conclusion. The background involved a murder charge against the petitioner and his co-accused, with allegations of their involvement in the murder of Dr. Ahmed Ghaffar. The case highlighted the complexities surrounding joint trials and the implications of co-accused absconding on the right to bail. The Supreme Court's decision emphasized the importance of separating trials when justified and the necessity for a fair assessment of delays attributed to co-accused. This ruling underscores the legal principles surrounding bail, the implications of lengthy detention, and the rights of individuals facing serious charges. The keywords trending in this context include 'bail', 'Supreme Court of Pakistan', 'criminal law', and 'joint trial'. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MIAN SAQIB NISAR,
IJAZ AHMED CHAUDHRY
|
| Lawyers |
Shahid Azeem, Advocate Supreme Court,
Mrs. Tasneem Amin, Advocate-on-Record for Petitioner,
Asjad Javed Ghural, Additional P.G. for the State,
Hameed Azhar Malik, Advocate-on-Record for the Complainant
|
| Petitioners |
MUHAMMAD AFZAL BUTT alias APHI
|
| Respondents |
The STATE and others
|
| Citations |
2015 SLD 960,
2015 SCMR 1696
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497,
302,
148,
149,
109
|