| Case ID |
20f768c5-da28-4b73-875d-461bb47c8a9e |
| Body |
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| Case Number |
Crl. Misc. No. 2328-B of 1992 |
| Decision Date |
Jul 14, 1993 |
| Hearing Date |
Jul 11, 1993 |
| Decision |
The court held that the discretion exercised by the learned Special Court in admitting the accused to bail before arrest was not judiciously exercised. The accused were specifically named in the F.I.R. with serious allegations of being armed and causing injuries to others. The court concluded that the accused, being dangerous and desperate criminals, were not entitled to bail. Consequently, the pre-arrest bail allowed to them was recalled. |
| Summary |
In the case of Abdul Rashid alias Shida Gadi vs. The State, the Lahore High Court dealt with the critical issue of bail cancellation under the Criminal Procedure Code and Penal Code. The petitioner sought pre-arrest bail in relation to serious charges including possession of illegal firearms and causing injuries during a violent altercation. The court scrutinized the circumstances under which the original bail was granted, determining that the Special Court had not properly assessed the risks posed by the accused, who had a history of involvement in criminal activities. The judgment emphasized the importance of maintaining public safety and the judiciary's duty to prevent individuals who pose a danger from being released on bail. The ruling serves as a significant precedent in the interpretation of bail provisions, particularly concerning individuals accused of violent crimes. This case highlights the balance between individual rights and societal safety, making it a landmark decision in criminal law. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Khalil-ur-Rehman Ramday, J
|
| Lawyers |
Abdul Hamid Daud,
Zaeemul Farooq Malik, A. A.G.
|
| Petitioners |
Abdul Rashid alias Shida Gadi
|
| Respondents |
The State
|
| Citations |
1993 SLD 1222,
1993 PLD 801
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497(5),
324,
148,
149
|