| Case ID |
2085a62b-a8fa-406f-91ef-210816f3a5c0 |
| Body |
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| Case Number |
Criminal Petition No.87-K of 2005 |
| Decision Date |
Mar 02, 2006 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the bail application of Farooq Mengal, who was charged with the murder of his wife. The court found that the allegations against him were primarily based on the retracted judicial confession of a co-accused, which was deemed insufficient for bail consideration. The court emphasized that the assessment of the confession's credibility and the overall evidence should be reserved for the trial stage. The delays in trial were attributed to the accused, and the court directed for the expeditious conclusion of the trial, allowing the accused to file for bail again if the trial was not concluded in a reasonable time. |
| Summary |
In this significant case, the Supreme Court of Pakistan dealt with the bail application of Farooq Mengal, accused of murdering his wife. The court highlighted the complexities surrounding bail considerations, particularly in cases involving retracted confessions and circumstantial evidence. The ruling underscored the principle that bail should not be granted merely on the basis of a retracted confession, especially when the evidence may suggest involvement. The case also touches on the procedural aspects of ensuring a swift trial, reflecting the court's commitment to justice and the rights of the accused. This case is pivotal in understanding the legal standards for bail in serious criminal allegations, particularly regarding the evidentiary weight of confessions and the implications of trial delays. Key terms include 'bail', 'murder', 'judicial confession', and 'criminal procedure', which are crucial in the legal discourse surrounding such cases. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
RANA BHAGWANDAS,
MUHAMMAD NAWAZ ABBASI
|
| Lawyers |
Azizullah Shaikh, Senior Advocate Supreme Court,
Suleman Habibullah, Advocate-on-Record,
Muhammad Ilyas Khan, Advocate Supreme Court,
K.A. Wahab, Advocate-on-Record,
Iqtedar Ali Hashmi, Senior Advocate Supreme Court/Special Public Prosecutor
|
| Petitioners |
Farooq Mengal
|
| Respondents |
THE STATE through A.G. Sindh
|
| Citations |
2007 SLD 522 = 2007 SCMR 404
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Constitution of Pakistan, 1973
|
| Sections |
497,
185(3)
|