| Case ID |
2e088722-63ae-4791-831c-43d50d351783 |
| Body |
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| Case Number |
Crl. P. No. 150-L of 2023 |
| Decision Date |
Jun 20, 2023 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan granted pre-arrest bail to the petitioner, Saad Zia, after considering the merits of the case. The court highlighted that mere nomination in the FIR does not automatically implicate a person as an accused unless proven during the investigation. The petitioner was found to be empty-handed at the time of the alleged incident, and there was no direct evidence linking him to the crime. The decision emphasized the importance of personal liberty and the need for further inquiry into the accusations against the petitioner. |
| Summary |
In the case of Crl. P. No. 150-L of 2023, the Supreme Court of Pakistan addressed issues related to pre-arrest bail under the Criminal Procedure Code and the Pakistan Penal Code. The petitioner, Saad Zia, was accused of participating in an armed attack resulting in injuries to several individuals. However, the court found that the allegations were generalized and lacked concrete evidence against the petitioner. It was noted that he was empty-handed during the incident, and the mere fact of being named in the FIR did not establish guilt. The court ruled in favor of the petitioner, underscoring the fundamental right to liberty and the necessity for thorough investigation before determining culpability. This ruling reinforces the legal principle that accusations must be substantiated by evidence, particularly in cases involving serious charges like murder and attempted murder. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Yahya Afridi,
Sayyed Mazahar Ali Akbar Naqvi
|
| Lawyers |
Mr. Sahir Mehmood Bhatti,
Mirza Abid Majeed
|
| Petitioners |
SAAD ZIA
|
| Respondents |
STATE etc.
|
| Citations |
2024 SLD 4730,
2024 PLJ 38
|
| Other Citations |
PLD 1975 SC 506,
PLD 2009 SC 53,
PLJ 1995 SC 477,
PLD 1989 SC 347,
PLD 2021 SC 898,
2021 SCMR 1424,
2022 SCMR 1271
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860
|
| Sections |
498,
498-A,
302,
324,
148,
149
|