| Case ID |
1ba1024b-321b-442e-941e-c78020c27bb8 |
| Body |
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| Case Number |
Criminal Petitions for Leave to Appeal Nos.11-K an |
| Decision Date |
May 03, 2012 |
| Hearing Date |
May 03, 2012 |
| Decision |
The Supreme Court of Pakistan dismissed the petitions for leave to appeal, upholding the High Court's decision to grant bail to the respondents. The Court determined that a case for further inquiry was established due to the lack of direct evidence against the accused. The Court noted that the respondents were initially not named in the FIR and were only included as accused during further investigations. The High Court was found to have acted within its discretion in granting bail, and the Supreme Court would not intervene unless gross injustice was demonstrated. As such, the petitions were dismissed, and leave was refused. |
| Summary |
In the case of Criminal Petitions for Leave to Appeal Nos.11-K and 15-K of 2012, the Supreme Court of Pakistan addressed the issue of bail in light of the allegations against bank officials involved in sanctioning auto loans under fictitious names. The Court emphasized the principle of further inquiry, noting that the absence of direct evidence against the accused warranted the granting of bail. The High Court's decision was affirmed as it was found reasonable given the circumstances and the procedural history of the case. This case highlights the delicate balance between the presumption of innocence and the seriousness of financial fraud, particularly in the banking sector. The ruling serves as a precedent for future cases involving similar allegations and the considerations for bail applications in criminal proceedings. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
FIA,
Bank Al-Falah
|
| Judges |
Sarmad,
Jalal Osmany,
Amir Hani Muslim
|
| Lawyers |
Z.U. Mujahid,
Ghulam Qadir Jatoi,
Syed Ashique Raza
|
| Petitioners |
Muhammad Abid
|
| Respondents |
The State,
Nemo
|
| Citations |
2012 SLD 1600,
2012 SCMR 1691
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Constitution of Pakistan
|
| Sections |
497(2),
497(5),
173,
185(3)
|