| Case ID |
17256970-c145-4ee7-b6a1-a131ebcfb83e |
| Body |
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| Case Number |
Criminal Petition No. 1026 of 2019 |
| Decision Date |
Oct 21, 2019 |
| Hearing Date |
Oct 21, 2019 |
| Decision |
The Supreme Court of Pakistan granted bail to the petitioner, who was facing serious charges including Qatl-i-amd and rioting armed with deadly weapons. The court noted that none of the deceased had been hit by any shot fired by the accused, and no injury had been attributed to him. Despite being an absconder for seven years, the court found no reasonable grounds to deny bail and deemed it appropriate to grant it, subject to the petitioner furnishing surety of Rs. 2,00,000/- to the satisfaction of the trial court. The decision emphasized the importance of evidence in determining bail, reflecting a fair judicial approach to the rights of the accused. |
| Summary |
This case revolves around a bail petition filed by the petitioner, Abdul Fayaz, who had been implicated in serious criminal charges including murder and attempted murder under various sections of the Pakistan Penal Code. The Supreme Court of Pakistan, in its decision, highlighted the lack of direct evidence linking the petitioner to the injuries suffered by the victims. The court's ruling underscores the significance of a fair trial and the presumption of innocence until proven guilty, aligning with principles of justice and due process. The decision to grant bail reflects the court's commitment to ensuring that the rights of the accused are upheld, especially when no substantial evidence exists against them. With keywords such as 'bail', 'criminal procedure', and 'Supreme Court of Pakistan', this case serves as a critical reference point for similar legal proceedings in the future. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
The State,
Khyber Pakhtunkhwa
|
| Judges |
Maqbool Baqar,
Manzoor Ahmad Malik,
Sardar Tariq Masood,
Attaullah
|
| Lawyers |
Abdul Fayaz, Advocate Supreme Court,
M. Amin Khattak Lachi, Advocate Supreme Court for No. 2,
Arshad Hussain Yousafzai, Advocate Supreme Court
|
| Petitioners |
Abdul Fayaz
|
| Respondents |
The State through AG Khyber Pakhtunkhwa and another
|
| Citations |
2020 SLD 647 = 2020 SCMR 451
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860
|
| Sections |
497,
148,
149,
302,
324
|