| Case ID |
2c02a179-537e-4559-9c1a-e8c6a8a32a19 |
| Body |
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| Case Number |
Criminal Appeals Nos.113, 114, 224 and 225 of 1987 |
| Decision Date |
Aug 02, 1987 |
| Hearing Date |
Aug 02, 1987 |
| Decision |
The court allowed the appeals of the petitioners, who were initially denied bail by the Lahore High Court. The Supreme Court found substantial infirmities in the lower court's decision, particularly regarding the police's findings that the petitioners were innocent. It highlighted that the High Court erroneously relied on statements made before the police and concluded that the petitioners should not have been denied bail based on the grounds provided by the Single Judge. Consequently, the Supreme Court granted bail to all six petitioners, requiring them to furnish security of Rs. 25,000 each with two sureties to the satisfaction of the Assistant Commissioner, Khushab. |
| Summary |
This case involves the Supreme Court of Pakistan's review of several criminal appeals concerning the grant of bail under the Criminal Procedure Code and Penal Code. The petitioners were initially denied bail by the Lahore High Court despite being found innocent by police. The Supreme Court scrutinized the High Court's reliance on non-eye witness statements and its substitution of the police's opinion. The decision emphasizes the importance of due process in bail applications, particularly in cases with serious charges such as murder under section 302 of the Penal Code. The Supreme Court's ruling not only granted bail to the petitioners but also reinforced the principle that judicial decisions should be based on sound evidence and not on erroneous interpretations of the law. This case highlights key legal principles regarding bail and the procedural rights of the accused, making it a significant reference in criminal law jurisprudence. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SHAFIUR RAHMAN,
JAVID IQBAL,
SAAD SAOOD JAN
|
| Lawyers |
Advocate-General,
State counsel
|
| Petitioners |
MUHAMMAD MUMTAZ,
SARFRAZ,
UMERDRAZ,
DILBAZ,
AHMAD SHER,
SHAMSHER
|
| Respondents |
THE STATE
|
| Citations |
1988 SLD 2634,
1988 SCMR 1452
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860),
Constitution of Pakistan, 1973
|
| Sections |
497,
498,
302,
307,
148,
149,
109,
185(3)
|