| Case ID |
22d2f5d4-2f37-417b-8cb9-ba454ed5a9ae |
| Body |
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| Case Number |
Criminal Petition for Special Leave to Appeal No. |
| Decision Date |
Jan 22, 1976 |
| Hearing Date |
Jan 22, 1976 |
| Decision |
The Supreme Court dismissed the petition against the High Court's order granting bail to the respondents. The Court found that the High Court's decision was based on a report from the Investigating Officer which raised doubts about the respondents' involvement in the murder case. The Court noted that the matter of bail was discretionary and could not be deemed arbitrary or capricious. It was emphasized that no prosecution witness had been examined in the case despite the time elapsed since the submission of the challan, which further supported the High Court's decision to grant bail. |
| Summary |
In the case of ROSHAN Vs. SARDARA and others, the Supreme Court of Pakistan dealt with a criminal petition concerning the grant of bail to the respondents accused of murder under sections 302, 148, and 149 of the Penal Code. The High Court had granted bail based on the Investigating Officer's report, which suggested that the respondents were innocent. The Supreme Court upheld the High Court's decision, stating that it was not arbitrary and was based on reasonable grounds that warranted further inquiry. The case highlights the importance of judicial discretion in bail matters, especially when there is a lack of prosecution witnesses. This decision reinforces the principle that the absence of evidence can significantly impact the bail process, ensuring that justice is served while respecting the rights of the accused. The ruling also emphasizes the need for thorough investigation and timely prosecution in criminal cases, which are crucial for upholding the rule of law and ensuring accountability. This case is significant for legal practitioners and scholars interested in criminal law, bail procedures, and the judicial system in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ANWARUL HAQ,
MUHAMMAD GUL
|
| Lawyers |
Raja Mahmood Akhtar,
Sh. Abdul Karim
|
| Petitioners |
ROSHAN
|
| Respondents |
3 others,
SARDARA
|
| Citations |
1984 SLD 1033 = 1984 SCMR 1559
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Penal Code (XLV of 1860),
Criminal Procedure Code (V of 1898)
|
| Sections |
Art. 185(3),
302,
148,
149,
497,
498
|