| Case ID |
2303552b-33dc-411d-b8b7-e4f8b95c5586 |
| Body |
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| Case Number |
Criminal Petition No. 111 of 2021 |
| Decision Date |
Mar 03, 2021 |
| Hearing Date |
Mar 03, 2021 |
| Decision |
The Supreme Court of Pakistan, in Criminal Petition No. 111 of 2021, decided on 3rd March 2021, granted bail to the petitioner Sami Ullah. The court reviewed the order dated 29th January 2021 passed by the Peshawar High Court, which had refused bail to Sami Ullah in Crl. Misc. B.A. No. 169-P of 2021 pertaining to FIR No. 968 dated 28th December 2020 under section 489-B, P.P.C., registered at P.S. Mattani, Peshawar. After thorough hearing and examination of the records, the Supreme Court observed that the allegations against the petitioner involved possession of forged Pakistani currency notes of 1000 denomination at the time of arrest. Although the initial FIR suggested the applicability of section 489-C, the court noted that the final determination between sections 489-B and 489-C lies with the trial court after recording evidence. Given that the case required further inquiry under section 497(2), Cr.P.C., the criminal petition was converted into an appeal. Consequently, the court allowed the appeal and granted bail, subject to the petitioner furnishing a bail bond of Rs.100,000/- with one surety of the same amount to the satisfaction of the trial court. |
| Summary |
In the landmark case of Criminal Petition No. 111 of 2021, the Supreme Court of Pakistan rendered a pivotal decision on March 3rd, 2021, granting bail to petitioner Sami Ullah. This case, cited as 2021 SLD 1365 and 2021 SCMR 729, revolved around allegations under section 489-B and 489-C of the Penal Code (XLV of 1860), as well as section 497(2) of the Criminal Procedure Code (V of 1898). Initially, the Peshawar High Court had refused bail in relation to FIR No. 968 dated December 28th, 2020, registered at P.S. Mattani, Peshawar. The Supreme Court meticulously reviewed the charges, which involved the possession of forged Pakistani currency notes of 1000 denomination. While the FIR indicated potential violations of section 489-C, the court emphasized that the definitive applicability between sections 489-B and 489-C would be determined at the trial level after comprehensive evidence evaluation. Recognizing the necessity for further inquiry under section 497(2), the Supreme Court converted the criminal petition into an appeal, thereby allowing the bail application. The decision underscores the judiciary's commitment to ensuring due process and fair trial standards, balancing the enforcement of stringent penal provisions with the rights of the accused. Legal representatives, including esteemed advocates Arshad Hussain Yousafzai and Syed Rifaqat Hussain Shah for the petitioner, and Ms. Ayesha Tasneem alongside Hidayat, SI for the State, played crucial roles in the advocacy presented before the bench comprising Justices Manzoor Ahmad Malik, Mazhar Alam Khan Miankhel, and Amin-ud-Din Khan. This case highlights the intricate interplay between different sections of Pakistani law, the importance of accurate charge framing, and the judiciary's pivotal role in upholding justice through meticulous legal scrutiny and adherence to procedural mandates. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Supreme Court of Pakistan,
Peshawar High Court,
Peshawar,
P.S. Mattani
|
| Judges |
MANZOOR AHMAD MALIK, JUSTICE,
MAZHAR ALAM KHAN MIANKHEL, JUSTICE,
AMIN-UD-DIN KHAN, JUSTICE
|
| Lawyers |
Arshad Hussain Yousafzai, Advocate Supreme Court,
Syed Rifaqat Hussain Shah, Advocate-on-Record for Petitioner,
Ms. Ayesha Tasneem, Advocate Supreme Court,
Hidayat, SI for the State
|
| Petitioners |
SAMI ULLAH
|
| Respondents |
THE STATE
|
| Citations |
2021 SLD 1365,
2021 SCMR 729
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497(2),
489-B,
489-C
|