| Case ID |
1f52a60d-adda-4681-80ab-ec529410ee3e |
| Body |
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| Case Number |
Crl.P. No. 298 of 2023 |
| Decision Date |
Oct 31, 2023 |
| Hearing Date |
Oct 31, 2023 |
| Decision |
The Supreme Court of Pakistan dismissed the petition for post-arrest bail sought by Muhammad Atif, affirming the Lahore High Court's decision which had declined bail due to the substantial evidence against him. The Court emphasized the rule of consistency in granting bail, highlighting that the petitioner failed to demonstrate that he was similarly placed as his co-accused who were granted bail. The Court ruled that the material collected during the investigation distinctly implicated the petitioner, which justified the refusal of bail. The decision underscored the importance of a fair assessment of the evidence, ensuring that all individuals are treated equally under the law. |
| Summary |
In the case of Crl.P. No. 298 of 2023, the Supreme Court of Pakistan addressed crucial aspects of bail under the Criminal Procedure Code and the Constitution of Pakistan. The case revolved around Muhammad Atif, who sought bail after being charged with serious offences, including murder under sections of the Pakistan Penal Code. The Court reaffirmed the importance of the rule of consistency in bail matters, which mandates that if one co-accused is granted bail, others in similar circumstances should be treated similarly. However, the Court found that the circumstances surrounding Atif's case were distinguishable from those of his co-accused who had been granted bail. The judges articulated that the right to liberty must be balanced with the need for justice and the integrity of the legal system. The ruling emphasized the necessity of examining the totality of evidence in determining bail applications, thereby reinforcing the principle that all individuals are entitled to equality before the law. This case highlights ongoing discussions surrounding bail reform and the rights of the accused in Pakistan's judicial landscape, making it a significant reference point for future bail applications. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SYED MANSOOR ALI SHAH,
SAYYED MAZAHAR ALI AKBAR NAQVI,
SYED HASAN AZHAR RIZVI
|
| Lawyers |
Barrister Usman G. Rashid Cheema,
Ch. Muhammad Sarwar Sidhu,
Mudassar Khalid Abbasi
|
| Petitioners |
MUHAMMAD ATIF
|
| Respondents |
ANOTHER,
THE STATE
|
| Citations |
2024 SLD 3028,
2024 SCMR 1071
|
| Other Citations |
Fida Hussain v. State PLD 2002 SC 46,
Abdul Jalil v. N.W.F.P. Forest Development Corporation 2010 SCMR 1933,
Tariq Nawaz v. Government of Pakistan 2001 PLC (C.S.) 57,
Raza Bukhari v. State PLD 2022 SC 743,
Manzoor v. State PLD 1972 SC 81,
Khalid Gillani v. State PLD 1978 SC 256,
Shahid Farooq v. State 2011 SCMR 1619
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Constitution of Pakistan, 1973
|
| Sections |
497,
4,
9,
10A,
25,
185(3)
|