Legal Case Summary

Case Details
Case ID 20f768c5-da28-4b73-875d-461bb47c8a9e
Body View case body.
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