| Case ID |
161421a1-dd9d-4efa-bcf8-df92258d2f24 |
| Body |
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| Case Number |
Criminal Appeal No. 84 of 1985 |
| Decision Date |
Feb 06, 1986 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan granted leave to appeal to examine whether the High Court had justifiably exercised discretion in favor of the respondent, Mubarik Shah, in granting him pre-arrest bail. It was found that the respondent had misrepresented and suppressed material facts while seeking bail, which resulted in the cancellation of the pre-arrest bail granted by the High Court. The Court emphasized that such misrepresentation could lead to grave miscarriages of justice and that individuals indulging in such behavior should not benefit from it. The appeal was accepted, the High Court's order was set aside, and the respondent was directed to surrender and be taken into custody. |
| Summary |
In the case of Shahadat Ali vs. Mubarik Shah and Another, the Supreme Court of Pakistan deliberated on the matter of pre-arrest bail granted to the respondent, Mubarik Shah. The case revolved around allegations of suppression of material facts by the respondent in his applications for bail. The Court scrutinized the sequence of events leading up to the bail applications and highlighted the importance of transparency and truthfulness in judicial proceedings. The Court ultimately ruled that the respondent's actions constituted a serious breach of judicial conduct, leading to the cancellation of the bail. This case underscores the critical nature of integrity within the legal system and serves as a precedent for future cases involving bail applications. Keywords such as 'pre-arrest bail', 'judicial conduct', and 'misrepresentation' are pivotal in understanding the implications of this decision. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HALEEM, C.J.,
MUHAMMAD AFZAL ALLAH,
NASIM HASAN SHAH,
SHAFIUR RAHMAN,
ZAFFAR HUSSAIN MIRZA
|
| Lawyers |
Q. M. Salim, Senior Advocate Supreme Court,
Muhammad Aslam Chaudhry, Advocate-on-Record for Appellant,
Malik Rab Nawaz Noon, Advocate Supreme Court No. 1,
Mian Inamul Haq, Advocate Supreme Court,
Rao M. Yousaf Khan, Advocate-on-Record for the State
|
| Petitioners |
SHAHADAT ALI
|
| Respondents |
ANOTHER,
MUBARIK SHAH
|
| Citations |
1986 SLD 1129,
1986 PLD 347
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
Art. 185(3),
S. 498,
Ss. 302/34,
Ss. 307/34
|