| Case ID |
2b1d3ba1-4be5-49a3-ab1d-7bcf7d05a8d5 |
| Body |
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| Case Number |
Criminal Petition No. 538-L of 2016 |
| Decision Date |
Jun 28, 2016 |
| Hearing Date |
Jun 28, 2016 |
| Decision |
The petition for bail was dismissed on the grounds that the petitioners were specifically named in the FIR and had specific roles assigned to them regarding the crime. They were fugitive from law for about 8 months, which undermined their claim for bail. The trial had already commenced, and the court found no merit in the petition due to the serious nature of the charges and the evidence presented. Therefore, the petitioners were refused bail. |
| Summary |
This case involves a criminal petition for bail filed by Muhammad Aslam and Khizar Abbas in the Supreme Court of Pakistan. The petitioners were accused of serious offenses under the Penal Code, including Qatl-i-amd (murder), rioting armed with deadly weapons, and unlawful assembly. The court noted that the petitioners were specifically mentioned in the FIR, which detailed their roles in the attack that resulted in the death of Nazir Hussain. The court emphasized that the petitioners had been fugitives for 8 months, leading to a lack of credibility in their claims for bail. The trial was already in progress, with evidence being recorded, solidifying the court's position against granting bail. The decision highlights the importance of the FIR and the role of evidence in determining bail applications in serious criminal cases. The refusal of bail serves to uphold the integrity of the judicial process and ensure that individuals charged with serious offenses face trial. This case underscores the challenges in the criminal justice system, particularly regarding bail applications and the assessment of evidence. Keywords: bail application, criminal procedure, FIR, Supreme Court, Pakistan, serious offenses, judicial process. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
The State,
P.S. Saddar,
District Bhakkar
|
| Judges |
AMIR HANI MUSLIM,
UMAR ATA BANDIAL,
MANZOOR AHMAD MALIK
|
| Lawyers |
Syed Samar Hussain Shah,
Shahid Azeem,
Ms. Tasneem Amin
|
| Petitioners |
MUHAMMAD ASLAM,
KHIAR ABBAS
|
| Respondents |
THE STATE,
Syed Samar Hussain Shah
|
| Citations |
2016 SLD 2471,
2016 SCMR 2094
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497,
302,
148,
149
|