| Case ID |
2d267289-ee9a-4221-8e0e-d2b9f707cbff |
| Body |
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| Case Number |
Petition for Special Leave to Appeal No. 526 of 19 |
| Decision Date |
Feb 21, 1979 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition for special leave to appeal regarding the cancellation of bail for Khalil, who was accused of murder. The court found that the allegations against him, if left unrebutted, would render him liable to a sentence of death or imprisonment for life. The court noted that the petitioner was above 16 years of age at the time of the offense, and hence his case did not fall under the exceptions provided in section 497 of the Criminal Procedure Code. The court upheld the High Court's decision, stating that there was no ground to interfere with the order of the High Court, which had canceled the petitioner's bail. The decision emphasized the seriousness of the allegations and the legal provisions surrounding bail in cases where the accused faces severe penalties. |
| Summary |
This case revolves around the legal proceedings involving Khalil, who was accused of murder under section 302/34 of the Pakistan Penal Code. The Supreme Court of Pakistan addressed the petition for special leave to appeal against a High Court order that canceled Khalil's bail. The court considered the severity of the allegations and the implications of the Criminal Procedure Code regarding bail. It concluded that the evidence against Khalil, if not rebutted, would subject him to severe penalties, including death or life imprisonment. The decision underscores the importance of the legal process in handling serious criminal charges and the application of bail laws. In this context, the court's ruling serves as a significant reference for future cases concerning the principles of bail, the rights of the accused, and the judicial system's approach to serious offenses. Keywords: bail law, criminal procedure, Supreme Court, Pakistan Penal Code, legal proceedings. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ANWARUL HAQ, C.J.,
ASLAM RIAZ HUSSAIN, J
|
| Lawyers |
Hassan Ahmad Khan Kanwar, Advocate,
Sh. Salah-ud-Din, Advocate-on-Record,
Nusrutullah, Senior Advocate,
Ijaz All, Advocate-on-Record
|
| Petitioners |
Khalil
|
| Respondents |
The State
|
| Citations |
1981 SLD 501,
1981 SCMR 907
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898)
|
| Sections |
497(0)
|