| Case ID |
20efb490-236b-4c61-bd7c-b82f872301b4 |
| Body |
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| Case Number |
Criminal Appeal No.-71 of 1985 |
| Decision Date |
Nov 12, 1985 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the appeal against the High Court's decision to affirm the bail granted to Nasir Ahmed Bacha. The Court clarified that while the bail was affirmed, the observations made by the High Court should not influence the trial forum. It was emphasized that the trial should be decided on its own merits, without being influenced by prior bail orders. The Court acknowledged the complexity of the bail application but upheld the necessity for further inquiry into the case. The ruling reiterated the procedural aspects of bail under section 497 of the Criminal Procedure Code and noted that if no reasonable grounds exist for believing that the accused committed a non-bailable offense, the accused should be released on bail. |
| Summary |
This case revolves around the appeal filed by Dr. Behram Khan against the decision of the Baluchistan High Court regarding the bail granted to Nasir Ahmed Bacha in a murder case. The Supreme Court of Pakistan examined the legal principles surrounding bail under the Criminal Procedure Code, specifically section 497, and the implications of the High Court's observations on the ongoing trial. The Court asserted that the trial forum must independently assess the evidence without bias from previous bail decisions. This case highlights the critical balance between the rights of the accused and the integrity of the judicial process, emphasizing the need for a fair trial based on the merits of the case. Key legal concepts discussed include the procedural requirements for bail, the significance of witness testimonies, and the standards for determining the likelihood of guilt based on available evidence. This ruling serves as a precedent for future cases involving bail and emphasizes the importance of judicial independence and objectivity. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Aslam Riaz Hussain,
Muhammad Afzal Zullah,
Abdul Kadir Shaikh
|
| Lawyers |
Ch. Muhammad Yousaj,
Yahya Bakhtiar,
Ch. Farali-Hussain,
M. Aslam Chishti
|
| Petitioners |
Dr. Behram Khan
|
| Respondents |
Sadiq,
Nasir Ahmed Bacha,
Jamal Nasir,
Nanai
|
| Citations |
1986 SLD 1105,
1986 PLD 118
|
| Other Citations |
1985 S C M R 195,
1985 S C M R 382,
PLD 1985 SC 182
|
| Laws Involved |
Constitution of Pakistan (1973),
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
Art. 185 (3),
S. 497,
S. 302
|