| Case ID |
1ae94db8-816c-4dfc-a122-a1adc18b8d15 |
| Body |
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| Case Number |
Criminal Petition No.267 of 2011 |
| Decision Date |
Oct 18, 2011 |
| Hearing Date |
Oct 18, 2011 |
| Decision |
The Supreme Court upheld the orders of the Trial Court and the High Court, dismissing the appeal of the petitioners who claimed double jeopardy after being summoned for trial despite prior declarations of innocence during investigation. The Court clarified that findings of guilt or innocence at the investigation stage do not preclude the trial court from proceeding with the case if fresh evidence emerges. The ruling emphasized that the principle of double jeopardy could not be invoked in this context, and the trial court's discretion to summon the accused was valid, leading to the dismissal of the petitioners' appeal. |
| Summary |
In the case of Criminal Petition No.267 of 2011, the Supreme Court of Pakistan addressed the principles surrounding double jeopardy and the rights of individuals accused of crimes. The petitioners challenged the decisions of the High Court and the Trial Court, claiming they were wrongfully summoned to face trial after being declared innocent during the investigation. The Court ruled that the findings at the investigation stage do not equate to a trial's final judgment, allowing courts to summon individuals based on new evidence. This case highlights the intricate balance between protecting individuals from double jeopardy and ensuring justice is served when new evidence arises. Keywords include 'double jeopardy', 'Criminal Procedure Code', 'Supreme Court of Pakistan', 'trial court', and 'legal rights'. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
TASSADUQ HUSSAIN JILLANI,
MUHAMMAD SAIR ALI,
SARMAD JALAL OSMANY
|
| Lawyers |
ABDUL HAFIZ PIRZADA, Senior Advocate Supreme Court,
MIAN GUL HASSAN AURANGZEB, Advocate Supreme Court,
MEMOOD A. SHEIKH, Advocate-on-Record
|
| Petitioners |
Others,
SHER MUHAMMAD UNAR
|
| Respondents |
THE STATE
|
| Citations |
2012 SLD 1130,
2012 PLD 179
|
| Other Citations |
Nasrullah v. the State 1997 MLD 1430,
Arshad Ali Shah v. Saeed Ahmed Ashraf 1996 PCr.LJ 1673,
Ghulam Hussain v. State 2001 YLR 387,
Alamdar Hussain Shah v. Abdul Baseer Qureshi PLD 1978 SC 121,
Abdul Malik v. The State PLD 2006 SC 365,
Falak Sher v The State PLD 1967 SC 425,
Muhammad Akbar v The State 1972 SCMR 335
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Constitution of Pakistan
|
| Sections |
193,
403,
173,
Art. 13
|