| Case ID |
1aa84163-3833-458e-ac66-7a5f43bb2e51 |
| Body |
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| Case Number |
Crl. P. No. 1245 of 2020 |
| Decision Date |
Feb 10, 2021 |
| Hearing Date |
Feb 10, 2021 |
| Decision |
The court granted pre-arrest bail to the petitioners, converting the petitions into appeals and allowing them. The decision emphasized that the grant of pre-arrest bail is an extraordinary remedy aimed at protecting the dignity and honor of a citizen from harassment through the legal process. The court noted the suspicious circumstances surrounding the case, including potential collaboration between the complainant and the police, and highlighted the need for judicial protection for the petitioners. The interim bail previously granted was confirmed, requiring the petitioners to furnish fresh bonds. |
| Summary |
This case revolves around a criminal petition concerning the grant of pre-arrest bail under Section 498 of the Criminal Procedure Code. The petitioners, Muhammad Zahid Aslam and another, faced allegations of fraud involving significant sums of money and threats made against the complainant. The court analyzed the evidence, including banking transactions and civil disputes, and found that the case appeared to be a misuse of the criminal process to exert pressure on the petitioners. The judges underscored the importance of safeguarding individuals from wrongful prosecution, especially when motives may be oblique. The decision reinforces the legal principle that pre-arrest bail is a crucial protection for citizens against potential abuse of power within the justice system. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MAZHAR ALAM KHAN MIANKHEL,
QAZI MUHAMMAD AMIN AHMED
|
| Lawyers |
Mr. James Joseph,
Mirza Abid Majeed,
Muhammad Akram,
Pervaiz Ahmed,
Tahir Inspector,
Mr. Shah Khawar
|
| Petitioners |
ANOTHER,
MUHAMMAD ZAHID ASLAM
|
| Respondents |
STATE,
ANOTHERS
|
| Citations |
2021 SLD 2189,
2021 PLJ 87
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898)
|
| Sections |
498
|