| Case ID |
2e3e28fe-51ab-4fee-ac47-ec0121907666 |
| Body |
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| Case Number |
Criminal M. No. 499-A of 2015 |
| Decision Date |
Sep 22, 2015 |
| Hearing Date |
Sep 22, 2015 |
| Decision |
The court granted bail to the accused/petitioner, Sardar Sameer Asmat, stating that the charges against him did not fall under the prohibitory clause of section 497 of the Criminal Procedure Code. The maximum penalty for the offence under section 161 of the Penal Code was three years, while the Prevention of Corruption Act allowed a penalty of up to seven years. The court emphasized that bail should not be denied as a form of punishment and that the discretion for imposing penalties was left to the trial court. The decision recognized that refusing bail leading to prolonged incarceration could amount to double jeopardy. |
| Summary |
The case revolves around Sardar Sameer Asmat, who was arrested following a complaint by a government contractor regarding a demand for illegal gratification. The Peshawar High Court, presided over by Justice Qalandar Ali Khan, concluded that the charges did not warrant denial of bail as they did not fall under the prohibitory sections of the Criminal Procedure Code. This case highlights critical aspects of bail law, particularly regarding the discretion of trial courts and the principles of justice ensuring that an accused is not punished before a trial. The court's ruling reinforces the importance of evaluating the nature of charges and the penalties involved, ensuring that the rights of the accused are preserved. This case serves as a precedent for future bail applications and emphasizes that the imposition of bail conditions should not be punitive in nature, aligning with the principles of justice, fairness, and due process. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
Qalandar Ali Khan, Justice
|
| Lawyers |
Fazal-e-Haq Abbasi,
Raja Muhammad Zubair, Assistant A.G.
|
| Petitioners |
Sardar Sameer Asmat
|
| Respondents |
The State
|
| Citations |
2016 SLD 3300,
2016 PCRLJ 1151
|
| Other Citations |
PLD 1993 Pesh. 104,
2013 PCr.LJ 1051,
2011 SCMR 161
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860),
Prevention of Corruption Act (II of 1947)
|
| Sections |
497,
161,
5(2)
|