| Case ID |
31d1a1b4-567e-4860-b090-3c00f74dae49 |
| Body |
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| Case Number |
Criminal Petition No.828-L of 2002 |
| Decision Date |
May 16, 2003 |
| Hearing Date |
Feb 03, 2003 |
| Decision |
The Supreme Court of Pakistan allowed the petitioner's appeal for bail due to the circumstances surrounding the case. It was determined that the evidence presented raised doubts regarding the petitioner’s involvement in the injuries caused to the deceased, which warranted the benefit of the doubt to be extended to the accused at the bail stage. The court ruled that since it was a case of counter-version where both parties had sustained injuries, the petitioner was entitled to bail. The order of the Lahore High Court was set aside, and the petitioner was admitted to bail in the sum of Rs.5,00,000 with two sureties each in the like amount to the satisfaction of the trial court. |
| Summary |
This case revolves around the complexities of bail applications within the framework of the Criminal Procedure Code. The Supreme Court of Pakistan deliberated on the rights of the accused when faced with serious charges under various sections of the Penal Code, including murder and attempted murder. The decision emphasized the importance of assessing evidence critically and the necessity of allowing fresh bail applications when new grounds arise. The court's ruling highlighted the legal standards governing bail, especially in cases characterized by counter-versions where both parties have claims against each other. The judgment serves as a precedent for similar future cases, asserting the principle that the benefit of doubt must favor the accused in the context of bail decisions. This case is significant for legal practitioners navigating the bail process in Pakistan, as it clarifies procedural expectations and the rights of individuals accused of serious offenses. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SH. RIAZ AHMAD, C.J.,
MIAN MUHAMMAD AJMAL,
MUHAMMAD NAWAZ ABBASI, JJ
|
| Lawyers |
Ghulam Sabir, Advocate Supreme Court,
Faiz-ur-Rehman, Advocate-on-Record (absent) for Petitioner,
M. Zaman Bhatti, Advocate Supreme Court for the State,
Malik Rab Nawaz Noon, Senior Advocate Supreme Court for the Complainant
|
| Petitioners |
ALI SHEHARYAR
|
| Respondents |
THE STATE
|
| Citations |
2008 SLD 1855,
2008 SCMR 1448
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860),
Constitution of Pakistan (1973)
|
| Sections |
497,
369,
302,
324,
337-A(i),
337-H(ii),
337-L(i),
148,
149,
185(3)
|