| Case ID |
2cc40498-41f9-4c55-b5d5-21c2caafb95a |
| Body |
View case body. Login to View |
| Case Number |
Criminal Appeal No. 29 of 2003 |
| Decision Date |
Nov 24, 2003 |
| Hearing Date |
Nov 21, 2003 |
| Decision |
The appeal was directed against the judgment of the Shariat Court dated 30-04-2003, which dismissed two revision petitions filed by the appellant against the bail orders granted by the District Court of Criminal Jurisdiction, Bhimber. The Supreme Court found that the Shariat Court had erred in allowing bail to Haq Nawaz, as he was prima facie connected with the commission of the alleged offences, particularly given the grievous nature of the injuries inflicted on the complainant. The Court maintained the bail granted to Mansha Hussain, as he was not attributed any further overt act against the complainant. The appeal was accepted in part, leading to the cancellation of bail for Haq Nawaz, who was ordered to be taken into custody to face trial. |
| Summary |
In the case of Mukhtar Ahmad vs. Haq Nawaz and others, the Supreme Court of AJ&K addressed critical issues surrounding bail in serious criminal charges. The case stemmed from an incident where the complainant was shot at, resulting in severe injuries. The Supreme Court examined the arguments presented by both sides, particularly focusing on the nature of the injuries and the intent of the accused during the incident. The Court emphasized that the intention to kill could arise spontaneously and that the knowledge of the firearm's potential lethality could establish guilt for intentional murder or murderous assault. The final decision underscored the importance of judicial discretion in bail matters, particularly in cases where grievous bodily harm is evident. The ruling serves as a landmark reference for future bail applications in similar contexts, highlighting the balance between individual rights and the severity of alleged crimes. |
| Court |
Supreme Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD YUNUS SURAKHVI, CHIEF JUSTICE,
CHAUDHARY MUHAMMAD TAJ, JUSTICE
|
| Lawyers |
Ch. Ali Muhammad,
Ch. Muhammad Azam Khan,
Sardar Abdul Razik Khan
|
| Petitioners |
MUKHTAR AHMAD
|
| Respondents |
HAQ NAWAZ,
MANSHA HUSSAIN,
GULZAR HUSSAIN
|
| Citations |
2004 SLD 2920,
2004 PCRLJ 458
|
| Other Citations |
Shabeer Ahmed alias Shibli v. The State 1999 PCr.LJ 1348,
Muhammad Miskeen v. Muhammad 1992 SCR 379
|
| Laws Involved |
Penal Code (XLV of 1860),
Criminal Procedure Code (V of 1898),
West Pakistan Arms Ordinance (XX of 1965)
|
| Sections |
324,
336,
337-F(v)(vi),
497(5),
13
|