Case ID |
214f7ca9-995b-4ff8-b520-c727c44b90e8 |
Body |
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Case Number |
Criminal Petition for Special Leave to Appeal No. |
Decision Date |
Jun 08, 1978 |
Hearing Date |
|
Decision |
The Supreme Court dismissed the petition seeking cancellation of bail granted to the respondents. The court upheld the Lahore High Court's determination that the respondents' intention was not to commit murder and that their conduct warranted further inquiry. The decision emphasized the proper exercise of discretion by the High Court, thereby rendering the petitioner's appeal unfit for interference. The case highlighted issues of unlawful assembly and the necessity of evaluating intentions in criminal proceedings. |
Summary |
This case revolves around a criminal petition for special leave to appeal concerning the cancellation of bail granted to several respondents accused of causing injuries during a dispute over land possession. The Supreme Court of Pakistan upheld the High Court's decision, affirming that the respondents' intentions did not align with murder. The ruling emphasizes the importance of judicial discretion in bail matters and the need for thorough inquiry into the conduct of the accused. Key legal principles regarding unlawful assembly and the application of sections of the Penal Code were central to the court's reasoning. This case serves as a significant example in the realm of criminal law, particularly regarding bail applications and the assessment of intentions in violent conflicts. |
Court |
Supreme Court of Pakistan
|
Entities Involved |
Not available
|
Judges |
ANWARUL HAQ, C.J.,
WAHEEDUDDIN AHMAD, J
|
Lawyers |
Mr. Yasin Wattoo
|
Petitioners |
SADIQ SHAH
|
Respondents |
QURBAN SHAH and others
|
Citations |
1985 SLD 654,
1985 SCMR 979
|
Other Citations |
Not available
|
Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
Sections |
497(5),
302,
307,
148,
149
|