| Case ID |
206d398d-3cd9-4d83-9e5e-299447b2ae83 |
| Body |
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| Case Number |
Criminal Petition No. 143-K of 2021 |
| Decision Date |
Nov 25, 2021 |
| Hearing Date |
Nov 25, 2021 |
| Decision |
The Supreme Court of Pakistan dismissed the petition for pre-arrest bail filed by Ghulam Qadir in a case of murderous assault. The Court found that the contents of the First Information Report (FIR), supported by witness statements and medical findings, contradicted the accused's claims of denial and mala fides. The Court noted that despite a delay in the formal registration of the FIR, the injured parties were examined medically shortly after the incident, and no mala fides were evident on the part of the complainant or local police. Therefore, the Court upheld the lower courts' decisions to deny bail, emphasizing that the severity of the injuries sustained by multiple victims warranted the refusal of extraordinary bail. The petition was ultimately denied, and leave was refused. |
| Summary |
In the case of Ghulam Qadir vs. The State, the Supreme Court of Pakistan addressed the issue of pre-arrest bail in a serious criminal matter involving allegations of murderous assault. The petitioner, Ghulam Qadir, sought bail before arrest, arguing that the prosecution's case was tainted by mala fides due to a delay in registering the FIR. However, the Court found that the FIR's contents, corroborated by medical reports and witness statements, established a clear case against the petitioner. The Court highlighted that the injuries inflicted were severe, including an incised wound with exposed bone, which underscored the gravity of the situation. The Court's ruling reinforces the principle that the right to bail must be balanced against the severity of the alleged crime and the potential risks involved. The decision emphasizes the importance of thorough investigation and the integrity of the judicial process in criminal cases, particularly in matters involving violent offenses. Keywords: pre-arrest bail, murderous assault, Supreme Court of Pakistan, Criminal Procedure Code, legal proceedings. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
IJAZ UL AHSAN, JUSTICE,
QAZI MUHAMMAD AMIN AHMED, JUSTICE,
GHULAM QADIR
|
| Lawyers |
Ms. Abida Parveen Channar, Advocate Supreme Court/ Advocate-on-Record for Petitioner
|
| Petitioners |
Ghulam Qadir
|
| Respondents |
The State
|
| Citations |
2022 SLD 806,
2022 SCMR 750
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Constitution of Pakistan, 1973,
Penal Code (XLV of 1860)
|
| Sections |
498,
185(3),
324
|