| Case ID |
31be2d92-034e-4f59-8ca2-b95859d5b9f9 |
| Body |
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| Case Number |
Criminal Appeal No. 23 of 1975 in Petition for Spe |
| Decision Date |
May 09, 1975 |
| Hearing Date |
Mar 21, 1975 |
| Decision |
The Supreme Court of Pakistan granted bail to the petitioners, Sangi Marmar and another, on the grounds that they had been in police custody since before the incident they were accused of. The Court noted the inordinate delay in proceedings and emphasized that the petitioners had set up a plea of alibi supported by police records. The bail was set at Rs. 10,000 each with two sureties. The Court also clarified that the Magistrate would retain the authority to cancel bail if necessary upon committal to the Sessions Court. Additionally, the petitioners were instructed to cooperate with the Investigating Agency, with the possibility of bail cancellation should they fail to do so. |
| Summary |
In the case of Sangi Marmar and another vs. The State, the Supreme Court of Pakistan addressed the issue of bail for petitioners who claimed to have been wrongfully detained. The case revolved around the interpretation of the Criminal Procedure Code and the Constitution of Pakistan, focusing on rights related to detention and the timely processing of cases. The petitioners asserted their innocence and provided evidence of their detention prior to the alleged incident. This case highlights the significance of timely legal proceedings and the rights of individuals under the law, particularly regarding bail. It serves as a precedent for future cases involving delays in legal processes, emphasizing the judiciary's role in ensuring justice is served without unnecessary delay. The ruling reinforces the principle that accused individuals should not remain in custody longer than necessary when evidence suggests their innocence. As such, the decision is a crucial reference point for legal practitioners and advocates dealing with similar situations in the realm of criminal law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
HAMOODUR RAHMAN, C.J.,
SALAHUDDIN AHMED, J
|
| Lawyers |
M. Qualm Imam
|
| Petitioners |
ANOTHER,
SANGI MARMAR
|
| Respondents |
THE STATE
|
| Citations |
1975 SLD 334,
1975 SCMR 510
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1890),
Constitution of Pakistan (1973)
|
| Sections |
498,
185
|