| Case ID |
2be782b2-d699-41ff-9b01-6c89c6228d40 |
| Body |
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| Case Number |
Criminal Petition No. 577 of 2021 |
| Decision Date |
Nov 11, 2021 |
| Hearing Date |
Nov 11, 2021 |
| Decision |
The Supreme Court of Pakistan dismissed the petition for cancellation of pre-arrest bail. The court found that the Medical Board's unanimous opinion, which included four senior doctors, outweighed the initial examination conducted by a junior doctor. The court emphasized the importance of the hierarchy in medico-legal examinations and ruled that when there is a conflict in the opinions of medical experts, preference should be given to the opinion of the expert with better qualifications and collective consensus. The petitioner's arguments regarding the preference for the initial medical officer's examination were rejected, affirming that the findings of the Medical Board must prevail in cases of conflicting medical opinions. Therefore, the cancellation of bail was not warranted, and leave was refused. |
| Summary |
This case revolves around the Supreme Court of Pakistan's decision regarding a petition for cancellation of bail granted in a criminal case involving serious allegations under sections of the Penal Code and the Criminal Procedure Code. The court critically analyzed the medical opinions presented by both the initial medical officer and a constituted Medical Board, highlighting the importance of qualifications and expertise in medical examinations. The ruling reinforced the legal principles surrounding pre-arrest bail and the standards for evaluating medical evidence in criminal proceedings. The case underscores the judicial system's commitment to ensuring that justice is administered fairly, particularly in cases involving significant injuries and potential fabrication of evidence. This decision serves as a precedent for future cases concerning medical opinions and the assessment of bail applications, emphasizing the necessity for a well-structured medico-legal framework in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MAQBOOL BAQAR, JUSTICE,
SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE
|
| Lawyers |
Syeda Hifza Bukhari, Advocate Supreme Court,
Syed Rifaqat Hussain Shah, Advocate-on-Record
|
| Petitioners |
MST. LUBNA BIBI
|
| Respondents |
ANOTHER,
AZHAR JAVED ABBASI
|
| Citations |
2022 SLD 1136,
2022 SCMR 946
|
| Other Citations |
Muhammad Ejaz v. The State and another 2021 SCMR 387,
Hussain v. The State 1968 PCr.LJ 167
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Constitution of Pakistan, 1962,
Penal Code (XLV of 1860)
|
| Sections |
497(5),
498,
185(3),
337-A(ii),
337-A(iv),
147,
148,
149
|