| Case ID |
2aa53ebf-29f5-41d5-a572-b3c0d6243c22 |
| Body |
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| Case Number |
Criminal Petition for Leave to Appeal No. 245 of 1 |
| Decision Date |
Sep 26, 1989 |
| Hearing Date |
|
| Decision |
The petition for leave to appeal was dismissed as no case was made out for the grant of bail. The court noted that the petitioner's name was mentioned in the FIR, and specific roles were ascribed to him. The learned counsel attempted to argue that the petitioner's case was distinguishable due to the nature of the injuries inflicted on the deceased, but the court found that the details in the FIR did not support this argument. As a result, the petition was dismissed. |
| Summary |
In the case of Tahir Hassan Hashmi vs. The State, the Supreme Court of Pakistan addressed a bail matter concerning a criminal petition for leave to appeal. The petitioner, represented by Advocate Mian Pervaiz Akhtar, sought bail after being accused under sections of the Penal Code for causing injuries to the deceased. The petitioner argued that his actions were less severe compared to others involved. However, the court emphasized that the specifics in the FIR clearly implicated the petitioner, leading to the dismissal of the bail application. This case underscores the judicial scrutiny in bail matters and the importance of FIR details in establishing culpability. Relevant laws included the Criminal Procedure Code and the Penal Code, showcasing the legal framework governing such criminal proceedings. The decision reflects the court's commitment to uphold the rule of law and ensure that bail is granted only when warranted by the circumstances of the case, ultimately reinforcing the legal principles surrounding criminal justice in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
JAVID IQBAL,
GHULAM MUJADDID
|
| Lawyers |
Mian Pervaiz Akhtar,
S. Inayat Hussain
|
| Petitioners |
TAHIR HASSAN HASHMI
|
| Respondents |
THE STATE
|
| Citations |
1990 SLD 556,
1990 SCMR 326
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860),
Constitution of Pakistan (1973)
|
| Sections |
497,
302,
307,
148,
149,
185(3)
|