| Case ID |
2bc0b533-4bc8-4437-bb41-7bb4943a99a7 |
| Body |
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| Case Number |
Criminal Petition No. 1392 of 2022 |
| Decision Date |
Dec 08, 2022 |
| Hearing Date |
Dec 08, 2022 |
| Decision |
The Supreme Court of Pakistan converted the petition for leave to appeal into an appeal, allowing it and setting aside the impugned order dated 05.09.2022. The petitioner was admitted to bail, subject to the condition of furnishing bail bonds in the sum of Rs.100,000/- with one surety to the satisfaction of the learned Trial Court. The court emphasized that the liberty of a person is a precious right that cannot be taken away without exceptional grounds, and in this case, the petitioner had made out a case for bail as his situation fell within the purview of section 497(2) of the Criminal Procedure Code, allowing for further inquiry into his guilt and not falling within the prohibitory clause. |
| Summary |
In the case of Muhammad Nawaz alias Karo vs The STATE, the Supreme Court of Pakistan addressed the issue of bail under the Criminal Procedure Code, citing significant delays in the filing of the crime report and lack of incriminating evidence against the petitioner. The court noted that the complainant's explanation for the delay of over nine months was insufficient, and no recovery had been made from the accused during his time in police custody. The decision emphasized the importance of a person's liberty and the need for credible evidence to justify detention. The ruling serves as a precedent for similar bail applications, highlighting the standards of evidence required in criminal cases and the legal protections afforded to accused individuals under Pakistani law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Sayyed Mazahar Ali Akbar Naqvi,
Muhammad Ali Mazhar,
Athar Minallah
|
| Lawyers |
Malik Altaf Hussain Kandawal,
Zafar Ahmed Khan,
Nabi Bux,
Junaid Iftikhar Mirza,
Syed Rifaqat Hussain Shah
|
| Petitioners |
Muhammad Nawaz alias Karo
|
| Respondents |
The STATE
|
| Citations |
2023 SLD 584,
2023 SCMR 734
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860),
Constitution of Pakistan, 1973
|
| Sections |
497,
395,
342,
506,
185(3)
|