| Case ID |
2bcd3c21-71cb-44d1-bb39-0479c34de3ef |
| Body |
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| Case Number |
Criminal Petition No. 658 of 2020 |
| Decision Date |
Jul 25, 2020 |
| Hearing Date |
Jul 25, 2020 |
| Decision |
The Supreme Court of Pakistan granted bail to the accused in Criminal Petition No. 658 of 2020 after determining that the situation leading to the death of the deceased was sudden and required further inquiry. The court found that the culpability of the accused, based on his presence in the vehicle at the time of the incident, could best be assessed after a complete recording of evidence. The unconventional mode of the alleged act and the suddenness of the incident warranting further investigation led to the decision to release the accused on bail upon furnishing a bond of Rs. 500,000, ensuring compliance with the trial court's requirements. |
| Summary |
This case involves a decision by the Supreme Court of Pakistan regarding Criminal Petition No. 658 of 2020, where the court deliberated on the culpability of the accused in a vehicular homicide case. The accused was alleged to have been present in a vehicle that fatally injured the deceased, leading to a complex legal debate around the interpretation of common intention and the principles of bail under the Criminal Procedure Code. The court emphasized the necessity of further inquiry into the circumstances surrounding the incident, including the nature of the relationship between the accused and the deceased, the suddenness of the event, and the unconventional methods employed by the co-accused. This decision highlights the importance of evidentiary support in establishing culpability in criminal cases and the judicial discretion exercised in granting bail based on the specifics of each case. Legal practitioners should note the implications of this ruling on future cases involving similar circumstances, particularly in terms of how common intention is interpreted in relation to vehicular offenses. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUSHIR ALAM,
QAZI MUHAMMAD AMIN AHMED
|
| Lawyers |
Arshad Hussain Yousafzai,
Syed Rifaqat Hussain Shah,
Anis Muhammad Shahazad,
Anwar Khan,
Abdul Ahad Khan
|
| Petitioners |
TAHIR ZEB,
SHAIR ZAIB
|
| Respondents |
ANOTHER,
THE STATE
|
| Citations |
2020 SLD 1576,
2020 SCMR 1685
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497(2),
302(b),
34
|