| Case ID |
17a8204b-4690-4f39-9c9b-dbe4b406c106 |
| Body |
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| Case Number |
Criminal Appeal No. 116 of 1994 in Criminal Petiti |
| Decision Date |
May 18, 1994 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan granted bail to the petitioner, SAEED AHMED, who was a retired Cashier of the Police Department. The court found that the case heavily relied on documentary evidence, which was in the hands of the prosecution, and there was no likelihood of tampering with it. The argument presented by the counsel regarding the addition of section 409, P.P.C. post facto was noted, and the court found merit in the contention that the addition was made with mala fide intention to bring the case under the prohibitory clause of section 497, Cr.P.C. Consequently, the petition was converted into an appeal, and bail was granted upon furnishing a surety of Rs.50,000. |
| Summary |
This case highlights the legal principles surrounding bail applications under the Criminal Procedure Code in Pakistan. The petitioner, SAEED AHMED, was accused of financial misconduct due to failure to remit funds, leading to charges under various sections of the Penal Code. The Supreme Court addressed the concerns regarding the addition of charges and the integrity of evidence. The ruling emphasized the importance of documentary evidence in bail considerations and the need to avoid mala fide actions in charge alterations. This case serves as a significant reference for future bail applications, especially regarding the handling of evidence and the proper application of legal standards in criminal proceedings. Keywords: bail application, evidence integrity, Criminal Procedure Code, financial misconduct, Supreme Court of Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ABDUL QADEER CHAUDHRY,
SALEEM AKHTAR
|
| Lawyers |
O.M. Saleem,
Tanvir Ahmed,
Muhammad Sharif Butt
|
| Petitioners |
SAEED AHMED
|
| Respondents |
THE STATE
|
| Citations |
1995 SLD 522,
1995 SCMR 170
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860),
Constitution of Pakistan (1973)
|
| Sections |
497,
406,
420,
468,
471,
409,
185(3)
|