| Case ID |
2e417e2d-2486-4419-84bd-8a4f0e3b0747 |
| Body |
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| Case Number |
Criminal Petition for Leave to Appeal No. 90 of 19 |
| Decision Date |
Nov 10, 1993 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan ruled that the allegations of criminal house trespass and outrage of modesty were serious and warranted the cancellation of the bail granted by the High Court. The Court emphasized that there was no evidence suggesting ulterior motives behind the FIR lodged against the respondents. As a result, the order of the High Court was set aside, restoring the decision of the Additional Sessions Judge that had originally denied bail to the respondents. |
| Summary |
In the case of Jehandad vs. Malik Altaf Hussain and others, the Supreme Court of Pakistan addressed the serious allegations of criminal house trespass and outrage of modesty. The petitioner, Jehandad, accused the respondents of forcibly entering his home and assaulting his family. The Court found that the High Court's grant of pre-arrest bail was inappropriate given the gravity of the allegations. The ruling underscored the importance of upholding the law in cases involving domestic violence and the protection of women's rights. The Court's decision to restore the order of the Additional Sessions Judge reflects a commitment to justice and legal integrity. This case highlights the judicial system's role in addressing criminal acts and safeguarding victims from potential harm. By emphasizing the absence of mala fide intentions in the FIR, the Court ensured that the legal process remained fair and just. Keywords such as 'criminal law', 'domestic violence', 'bail cancellation', and 'Supreme Court of Pakistan' are crucial for understanding the implications of this ruling. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
NASIM HASAN SHAH C.J.,
MANZOOR HUSSAIN SIAL, J
|
| Lawyers |
Malik Rab Nawaz Noon; Advocate instructed by Ch. Akhtar Ali, Advocate on-Record,
Muhammad Ilyas Siddiqui, Advocate instructed by Ejaz Muhammad Khan, Advocate on-Record Nos. 1 to 3,
Raja Abdul Ghafoor, Advocate for the State
|
| Petitioners |
Jehandad
|
| Respondents |
Safdar Hussain,
Malik ALTAF HUSSAIN,
Malik Sher Baz,
Asad Ali
|
| Citations |
1995 SLD 728,
1995 SCMR 863
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
Art. 185(3),
Ss. 498,
Ss. 497 (5),
S. 452,
S. 354,
S. 34
|