| Case ID |
25454f9f-356b-40c3-95ff-457ae82e4e95 |
| Body |
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| Case Number |
Criminal Petition No.664 of 2010 |
| Decision Date |
Mar 04, 2011 |
| Hearing Date |
|
| Decision |
The Supreme Court allowed the appeal for bail regarding the petitioners, SAMEEN JAN and MUHAMMAD IRFAN KHALID, who were public servants. The court noted that the allegations against them did not establish any criminal intent or benefit from the alleged forgery. The trial court had previously granted them pre-arrest bail, but this was later revoked without sufficient justification. The court highlighted that the considerations for granting bail differ from those for its cancellation, and that the ongoing investigation had been concluded, making continued detention unnecessary. The petitioners were granted bail subject to the provision of bail bonds of Rs.10,00,000 each with two sureties. |
| Summary |
This case revolves around the appeal for bail by public servants SAMEEN JAN and MUHAMMAD IRFAN KHALID, accused in a corruption-related case. The Supreme Court of Pakistan addressed the allegations of forgery related to a Permanent Transfer Deed. The court emphasized that the petitioners were not beneficiaries of the alleged forgery, and there were no allegations of bribery against them. The decision highlighted the importance of distinguishing between the criteria for granting bail and those for its cancellation. The court underscored that continued custody of the petitioners was not warranted, given that the investigation had concluded, and there was little risk of absconding. The ruling reinforced the principle that bail should not be denied as a form of premature punishment. The decision is significant in the context of criminal law, particularly regarding the rights of public servants and the procedural safeguards in bail applications. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
JAVED IQBAL,
RAJA FAYYAZ AHMED,
ASIF SAEED KHAN KHOSA
|
| Lawyers |
Ch. Aitzaz Ahsan, Senior Advocate Supreme Court for Petitioners.,
Ch. Zubair Ahmed, Additional Prosecutor-General, Punjab for the State.,
Nemo for the Complainant.
|
| Petitioners |
SAMEEN JAN,
MUHAMMAD IRFAN KHALID
|
| Respondents |
THE STATE
|
| Citations |
2011 SLD 1371,
2011 PLD 509
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860),
Prevention of Corruption Act (II of 1947),
Constitution of Pakistan
|
| Sections |
497,
498,
420,
468,
471,
5(2),
Art.185(3)
|