| Case ID |
32402540-8b92-48aa-9902-0603d2be5fa2 |
| Body |
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| Case Number |
Criminal Petition No. 124 of 2022 |
| Decision Date |
Mar 30, 2022 |
| Hearing Date |
Mar 30, 2022 |
| Decision |
The Supreme Court of Pakistan ruled to cancel the post-arrest bail granted to Muhammad Akhtar Shahzad by the Lahore High Court. The court found that the accused was specifically nominated in the crime report for the murder of his real father and brother, which was supported by medical evidence. The court emphasized that the High Court's decision to grant bail was based on the unsupported testimony of a prosecution witness who changed her statement. The ruling highlighted the necessity of a rigorous approach to ensure that the principles of criminal justice are upheld, particularly in cases involving serious accusations such as murder. Consequently, the court set aside the previous bail order, reinforcing the importance of maintaining the integrity of the judicial process. |
| Summary |
This case revolves around the serious charges of murder against Muhammad Akhtar Shahzad, who was accused of killing his real father and brother. The Supreme Court of Pakistan, in its ruling, emphasized the weight of evidence presented against the accused, including a clear medical report linking him to the crime. The court scrutinized the proceedings of the Lahore High Court, which had previously granted bail based on the contradictory testimony of a prosecution witness. The Supreme Court underscored that allowing such a basis for bail could undermine the judicial process and lead to a miscarriage of justice. The decision to cancel bail serves as a reminder of the rigorous standards required in criminal cases to safeguard the interests of justice. The case also sheds light on the procedural aspects of handling evidence and witness testimonies in serious criminal charges, establishing a precedent for future cases. Key legal principles from the Criminal Procedure Code and the Pakistan Penal Code were invoked, reinforcing the need for a careful examination of all evidence before granting bail in cases of significant gravity. The ruling is a significant development in Pakistan's legal landscape, emphasizing the balance between individual rights and public safety. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Akhtar Nawaz, ASP Wazirabad,
Tariq Mehmood, S.I. for the State
|
| Judges |
IJAZ UL AHSAN, JUSTICE,
MUNIB AKHTAR, JUSTICE,
SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE
|
| Lawyers |
Sardar Muhammad Latif Khan Khosa, Senior Advocate Supreme Court,
Ch. Akhtar Ali, Advocate-on-Record,
Shoukat Aziz Siddiqui, Advocate Supreme Court,
Syed Rifaqat Hussain Shah, Advocate-on-Record
|
| Petitioners |
MUHAMMAD AMJAD SHAHZAD
|
| Respondents |
ANOTHERS,
MUHAMMAD AKHTAR SHAHZAD
|
| Citations |
2022 SLD 982,
2022 SCMR 1299
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Constitution of Pakistan, 1973,
Pakistan Penal Code, 1860
|
| Sections |
161,
497(2),
497(5),
185(3),
109,
302
|