| Case ID |
205c2636-4502-4ed9-be91-b3cf5b6e7e4c |
| Body |
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| Case Number |
K-46 of 1974 |
| Decision Date |
Sep 13, 1974 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition for special leave to appeal filed by the petitioner, ASANDAS. The court found sufficient material indicating that the petitioner incited other accused persons to attack and kill the deceased. The High Court's observation that the petitioner would prima facie be vicariously liable under Section 149 of the Penal Code was upheld, and the cancellation of bail granted to the petitioner was deemed justified. The court concluded that there was no ground to interfere with the High Court's decision. |
| Summary |
In the case of ASANDAS vs. THE STATE, the Supreme Court of Pakistan examined the allegations against the petitioner, ASANDAS, who was accused of inciting a group to commit murder. The court focused on the application of relevant laws, particularly the Penal Code sections concerning murder, rioting, and unlawful assembly. The petitioner had previously been granted bail, but the High Court later cancelled it, leading to the appeal. The Supreme Court affirmed the High Court's ruling, emphasizing the sufficiency of evidence indicating the petitioner's involvement. This case highlights important legal principles regarding vicarious liability in criminal law and the responsibilities of individuals within unlawful assemblies. It serves as a precedent for similar cases involving incitement and collective criminal actions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
WAHEEDUDDIN AHMED,
MUHAMMAD GUL
|
| Lawyers |
M.I. Memon
|
| Petitioners |
ASANDAS
|
| Respondents |
THE STATE
|
| Citations |
1975 SLD 219,
1975 SCMR 237
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302,
148,
149
|