| Case ID |
1f375357-f9d3-4803-9e52-bc822653319d |
| Body |
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| Case Number |
Criminal Petition for Leave to Appeal No. 408-L of |
| Decision Date |
Dec 06, 1995 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan ruled that the cancellation of bail by the High Court was unjustified. The court emphasized that once bail is granted by a competent jurisdiction, it should not be canceled without strong and exceptional grounds. The petitioner was not present at the crime scene and the evidence against him did not warrant a cancellation of bail. The decision highlighted the importance of personal liberty and the presumption of innocence, acknowledging that false implications are common in adversarial situations. As such, the court restored the bail granted by the Additional Sessions Judge, allowing the petitioner to remain free pending trial. |
| Summary |
This case revolves around the cancellation of bail for Syed AMANULLAH SHAH, who was accused of instigating a murder. The Supreme Court of Pakistan examined the principles governing bail, particularly in the context of accusations of conspiracy and abetment. The court found that the High Court's cancellation of bail lacked a solid factual basis, as the petitioner was not present at the crime scene. The ruling underscored the necessity for strong grounds to revoke bail, protecting the rights of the accused against potential misuse of the legal system. This case serves as a significant precedent in criminal law, emphasizing the protection of individual freedoms while balancing the interests of justice. Keywords: bail, criminal law, Supreme Court of Pakistan, personal liberty, conspiracy, abetment, instigation, rights of the accused. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ZIA MAHMOOD MIRZA,
MUHAMMAD MUNIR KHAN,
SH. RIAZ AHMAD
|
| Lawyers |
S.M. Zafar, Senior Advocate,
Syed Zahid Hussain, Advocate,
Syed Abul Asim Jaferi, Advocate-on-Record,
M. Anwar Ghuman, Advocate No. 1,
Kh. Muhammad Sharif, Advocate,
Rana MA. Qadri, Advocate-on-Record
|
| Petitioners |
Syed AMANULLAH SHAH
|
| Respondents |
another,
THE STATE
|
| Citations |
1996 SLD 227,
1996 PLD 241
|
| Other Citations |
Arbad Ali v. Khamiso 1985 SCMR 195,
Tariq Bashir v. State PLD 1995 SC 34,
Shabbir Ahmad v. The State PLD 1977 Lah. 201,
Nisar Ahmad v. The State PLD 1971 SC 174,
Mian Mehraj Din and others v. The State 1985 PCr.LJ 2987,
Muhammad Sadiq v. Sadiq and others PLD 1985 SC 182
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860),
Constitution of Pakistan (1973)
|
| Sections |
497(5),
302/109,
Art.185(3)
|