| Case ID |
16a12439-ac91-4fa4-b1d8-f04db39deb46 |
| Body |
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| Case Number |
7-R of 1975 |
| Decision Date |
Mar 14, 1975 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition for special leave to appeal against the order of the Lahore High Court that had refused to grant bail to the petitioners. The court held that the discretion exercised by the learned Single Judge was based on sound judicial principles. The existence of a counter version of the case in the FIR lodged by one of the accused did not affect the discretion exercised by the court. The allegations against the petitioners involved the firing at and injuring of complainant Azizur Rahman, who sustained three firearm injuries. The court found no fault in the lower court's decision and thus refused to grant leave to appeal. |
| Summary |
In the case of Muhammad Usman and another vs The State, the Supreme Court of Pakistan addressed the issue of bail under the Criminal Procedure Code and the Penal Code. The petitioners challenged the Lahore High Court's refusal to grant bail in connection with serious charges, including attempted murder. The court emphasized the importance of sound judicial discretion in bail matters, particularly when serious allegations are involved. The judgment reaffirmed that the existence of a counter version in the FIR does not undermine the High Court's decision if it is based on the materials on record. This case highlights the judicial approach to bail applications and the significance of maintaining judicial integrity in the face of competing narratives. Relevant keywords include 'bail', 'criminal procedure', 'Supreme Court of Pakistan', 'judicial discretion', and 'attempted murder'. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Salahuddin Ahmed,
Anwarul Haq,
Muhammad Afzal Cheema
|
| Lawyers |
Zafar Mahmood,
Rana Maqbool Ahmed Qadri,
Riaz Ahmad,
Ijaz Ali
|
| Petitioners |
Another,
Muhammad Usman
|
| Respondents |
The State
|
| Citations |
1975 SLD 296,
1975 SCMR 391
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497,
498,
307/149
|