| Case ID |
333765ba-5d96-4506-813d-068fa133c939 |
| Body |
View case body. Login to View |
| Case Number |
Criminal Petition No.82 L of 2003 |
| Decision Date |
Feb 25, 2003 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal against the order of the Lahore High Court, which had granted interim pre-arrest bail to the respondents. The court found that the allegations against the respondents lacked sufficient incriminating evidence, particularly after section 16 of the Offence of Zina (Enforcement of Hudood) Ordinance had been deleted as a result of the investigation. The delay of seven months in lodging the FIR was noted, alongside the fact that the complainant's wife had left him and initiated divorce proceedings, indicating her disinterest in remaining in the marriage. Thus, the High Court's order was deemed free from any illegality or infirmity, and leave to appeal was refused. |
| Summary |
This case revolves around the issue of pre-arrest bail under the Offence of Zina (Enforcement of Hudood) Ordinance and the Criminal Procedure Code in Pakistan. The Supreme Court evaluated the High Court's decision to grant bail, considering the delay in filing the FIR and the lack of incriminating evidence against the accused. The case highlights the judicial scrutiny involved in bail applications and the implications of personal circumstances, such as marital disputes, on legal proceedings. The court's ruling underscores the importance of substantial evidence in criminal cases and the need for judicious exercise of discretion by lower courts. Keywords: pre-arrest bail, Zina Ordinance, Criminal Procedure Code, Pakistan law, Supreme Court ruling. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
JAVED IQBAL,
FAQIR MUHAMMAD KHOKHAR
|
| Lawyers |
Malik Abdul Wahid,
Muhammad Ozair Chughtai
|
| Petitioners |
MUHAMMAD ASHRAF
|
| Respondents |
others,
MUNIR AHMAD
|
| Citations |
2004 SLD 1049,
2004 SCMR 893
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979),
Constitution of Pakistan (1973)
|
| Sections |
497(5),
16,
10,
185(3)
|