| Case ID |
2c31307f-e8a3-4d24-8aea-65695068045f |
| Body |
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| Case Number |
Criminal Petition No. 70 of 1993 |
| Decision Date |
Oct 12, 1993 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition for leave to appeal against the High Court's decision that set aside the trial court's order granting bail to the petitioners. The court emphasized that non-appearance of the Investigating Officer (I.O.) cannot be a basis for granting bail at the concluding stage of a trial. The trial court was directed to ensure the attendance of the I.O. and to take necessary actions against the I.O. for their absence. The court highlighted the importance of expediting trial proceedings and securing the presence of witnesses to uphold the integrity of the judicial process. |
| Summary |
In this significant ruling by the Supreme Court of Pakistan, the court addressed issues surrounding bail under the Criminal Procedure Code. The case involved the petitioners, including Haji Muhammad Siddique, who sought to challenge the cancellation of their bail by the High Court of Balochistan. The Supreme Court found that the trial was nearing completion, and the absence of the Investigating Officer could not justify bail. The court underscored the necessity for trial courts to take proactive measures to secure witness attendance, thereby maintaining the efficiency of the judicial process. This case highlights the delicate balance between a defendant's right to bail and the state's interest in prosecuting criminal cases effectively. The decision serves as a precedent in ensuring that the judicial system operates without undue delays caused by the non-appearance of key witnesses. By reinforcing the obligation of trial courts to act decisively in securing witness attendance, the Supreme Court aims to enhance the integrity and swiftness of criminal proceedings in Pakistan. The ruling aligns with contemporary discussions on judicial efficiency and the importance of timely justice, making it a noteworthy reference for future cases. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SHAFIUR RAHMAR,
SALEEM AKHTAR,
RAZAL ILAHI KHAN
|
| Lawyers |
Muhammad Ryas Khan,
Ch. Akhtar Ali
|
| Petitioners |
others,
Haji MUHAMMAD SIDDIQUE
|
| Respondents |
THE STATE
|
| Citations |
1994 SLD 348,
1994 PLD 93
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code
|
| Sections |
497
|