| Case ID |
21743e63-3065-4f39-b157-2334550f1f1d |
| Body |
View case body. Login to View |
| Case Number |
Crl. P. No. 352-L of 2022 |
| Decision Date |
Nov 23, 2022 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan has confirmed the ad-interim pre-arrest bail granted to the petitioner, Mr. Khalid Masood Sandhu, ASC, and set aside the impugned order dated 14.02.2022 to the extent of the petitioner. The Court evaluated the merits of the case, considering the allegations and evidence presented. It was determined that the petitioner did not deserve to be denied bail based on the existing allegations, as there were questions regarding the veracity of the complainant’s statements and delays in lodging the cross-version. The principle that liberty is a precious right guaranteed under the Constitution of the Islamic Republic of Pakistan was upheld, ensuring that the petitioner could not be detained solely on vague and unsubstantiated claims. |
| Summary |
In the landmark decision of Crl. P. No. 352-L of 2022, adjudicated by the Supreme Court of Pakistan on November 23, 2022, the Court addressed a significant pre-arrest bail case involving petitioner Mr. Khalid Masood Sandhu, ASC, and MUHAMMAD UMAR WAQAS BARKAT ALI against the State and another respondent. The case, cited in 2023 SLD 2453 and 2023 PLJ 100, revolved around allegations under the Criminal Procedure Code (V of 1898) Section 498 and the Penal Code (XLV of 1860) with multiple sections including 337-A(iii), 337-F(i), 337-F(v), 337-L(ii), 148, and 149.
The petitioner sought confirmation of ad-interim pre-arrest bail, challenging an earlier order from the Lahore High Court dated February 21, 2022. The Court examined the merits of the case, highlighting the delay of six days in lodging the cross-version, which raised doubts about the authenticity of the complainant’s allegations. The medical legal certificates provided supported the initial accusations; however, inconsistencies during the investigation suggested potential false implications aimed at pressurizing the petitioner’s side.
Justice IJAZ-UL-AHSAN, Justice MUNIB AKHTAR, and Justice SAYYED MAZAHAR ALI AKBAR NAQVI presided over the case, meticulously reviewing the arguments presented by both the petitioner’s counsel and the State’s law officers. The petitioner’s defense emphasized that the allegations were retaliatory, stemming from an FIR lodged by his father, Barkat Ali, against the complainant’s cross-version, which contained substantial delays and contradictory statements.
The Supreme Court underscored the constitutional protection of individual liberty, reiterating that detention should not be based on vague or unverified claims. Citing precedent cases such as PLD 1989 SC 347, PLD 2021 SC 898, and others, the Court affirmed that the merits of a pre-arrest bail case should be thoroughly examined before any judicial decision on detention. The decision to confirm the ad-interim pre-arrest bail ensures that the petitioner remains free until a conclusive determination of guilt or innocence is reached through a fair trial.
This judgment reinforces the legal safeguards against arbitrary detention and highlights the judiciary's role in upholding constitutional rights. By setting aside the impugned order and confirming the bail, the Supreme Court has set a precedent for handling similar cases involving conflicting testimonies and delayed allegations. The decision emphasizes the importance of timely and truthful reporting in legal proceedings and upholds the principle that liberty cannot be compromised without substantial and credible evidence. This case serves as a pivotal reference for future cases concerning pre-arrest bail, ensuring that individual freedoms are protected in accordance with the rule of law in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
IJAZ-UL-AHSAN,
MUNIB AKHTAR,
SAYYED MAZAHAR ALI AKBAR NAQVI
|
| Lawyers |
Not available
|
| Petitioners |
MUHAMMAD UMAR WAQAS BARKAT ALI,
Mr. Khalid Masood Sandhu, ASC
|
| Respondents |
another,
STATE
|
| Citations |
2023 SLD 2453,
2023 PLJ 100
|
| Other Citations |
PLD 2021 SC 898,
2022 SCMR 1424,
2022 SCMR 1271,
PLD 1989 SC 347
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
498,
337-A(iii),
337-F(i),
337-F(v),
337-L(ii),
148,
149
|