| Case ID |
1f6c3f96-381b-49d6-8519-0dc7eb31465a |
| Body |
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| Case Number |
Criminal Petitioner Leave to Appeal No.120/R of 19 |
| Decision Date |
Jul 26, 1989 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan refused to grant leave to appeal against the decision of the Peshawar High Court, which had denied bail before arrest to the petitioner. The court noted that with the petitioner's arrest, the question of bail before arrest had become academic, and different considerations would now apply regarding his entitlement to relief. The court emphasized that various factors such as the factual background, stage of the case, and requirements of investigation must be considered, which typically do not carry weight in bail before arrest matters. The court also highlighted the importance of allowing subordinate courts to handle pending petitions without prejudice from this ruling. Consequently, the leave to appeal was denied, and the court urged for an expedited resolution of any pending matters related to the petitioner. |
| Summary |
This case revolves around the refusal of bail before arrest for LtGen(Rtd.) FAZLEHAQ by the Peshawar High Court, which led to his immediate arrest. The Supreme Court of Pakistan addressed the complexities surrounding bail applications, particularly emphasizing that the circumstances change significantly once a petitioner is arrested. The court refused to intervene in the High Court's decision, indicating that the issue of bail before arrest had become moot. The ruling underscores the legal principles governing bail, as established in previous cases, while ensuring that the handling of similar petitions in lower courts remains unaffected. This case highlights the importance of procedural fairness and the careful consideration required in bail matters, especially in the context of ongoing investigations and the involvement of other accused parties. The ruling serves as a reminder of the judiciary's role in maintaining the integrity of legal processes regarding bail applications. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SHAFIUR RAHMAN,
SAAD SAOOD JAN
|
| Lawyers |
S. M. Zafar, Senior Advocate Supreme Court,
Tanvir Ahmad, Advocate-on-Record for Petitioner,
Sh. Shaukat Ali, Senior Advocate Supreme Court,
Muhammad Aslam Chattha, Advocate-on-Record for the Complainant,
Asif Jan, Deputy Attorney General,
Manzoor Elahi, Advocate-on-Record for the State
|
| Petitioners |
LtGen(Rtd.) FAZLEHAQ
|
| Respondents |
S. M. Zafar,
Tanvir Ahmad,
Manzoor Elahi,
Sh. Shaukat Ali,
Muhammad Aslam Chattha,
Asif Jan
|
| Citations |
1989 SLD 436,
1989 SCMR 1724,
1989 SLD 992
|
| Other Citations |
Ch. Zahur Ilahi v. The State 1981 S C M R 935,
Murad Khan v. Fazal-e-Subhan and another P L D 1983 S C 82,
Mceran Bux v. The State 1989 S C M R 1217,
P L D 1989 S C 347
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Constitution of Pakistan (1973)
|
| Sections |
498,
497,
Art.l85(3)
|