| Case ID |
1afd78ad-1077-4f21-9c8d-86f6a09410c6 |
| Body |
View case body. Login to View |
| Case Number |
Criminal Petition No.104-K of 2009 |
| Decision Date |
Dec 29, 2009 |
| Hearing Date |
Dec 29, 2009 |
| Decision |
The Supreme Court of Pakistan set aside the impugned order of the High Court which had released the respondent on bail without adhering to the proper legal procedure. The Court highlighted that the respondent, being involved in a serious non-bailable offence, could only be released after a proper bail application was moved and granted. The Court directed the respondent to appear before the Trial Court to move a bail application, emphasizing the necessity of following legal protocols in criminal proceedings. |
| Summary |
This case revolves around the legal intricacies of bail in non-bailable offences under the Criminal Procedure Code of Pakistan. The Supreme Court addressed the procedural errors made by the High Court, which had improperly released an accused without a valid bail order. The case underscores the importance of adhering to legal standards when dealing with serious charges such as murder, where the accused's rights must be balanced against the severity of the offence. Key terms include bail, judicial custody, and the role of the Trial Court in ensuring due process. The judgment reiterates that an accused involved in a murder case must follow the correct legal channels to secure release, thereby reaffirming the principles of justice and law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ANWAR ZAHEER,
JAMALI,
KHILJI ARIF HUSSAIN,
RAHMAT HUSSAIN JAFFERI
|
| Lawyers |
Muhammad Ilyas Khan, Advocate Supreme Court,
Zafar Ahmed Khan, Additional Prosecutor-General, Sindh
|
| Petitioners |
LUQMAN ALI
|
| Respondents |
another,
HAZARO
|
| Citations |
2010 SLD 2704 = 2010 SCMR 611
|
| Other Citations |
Noor Nabi v. State 2005 PCr.LJ 505
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860),
Constitution of Pakistan (1973)
|
| Sections |
497,
498,
204,
302,
185(3)
|