| Case ID |
35f750fb-39b1-410e-90ed-19dba9b73894 |
| Body |
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| Case Number |
Petition for Special Leave to Appeal No. 106 R of |
| Decision Date |
Jan 28, 1976 |
| Hearing Date |
|
| Decision |
After reviewing the case, the court found that the petitioners had been in custody for more than eight months without any prosecution witnesses being examined. This lack of evidence led the court to determine that the petitioners were entitled to bail. The decision was made to grant bail in the sum of Rs. 2,000 with one surety in like amount, to be determined by the trial court. The court emphasized the delay in the prosecution's case and the absence of witnesses as critical factors in their decision to grant bail. |
| Summary |
In the case involving GHULAM HAIDER and ANOTHERS against THE STATE, the Supreme Court of Pakistan addressed a petition for special leave to appeal concerning the denial of bail under the Criminal Procedure Code. The petitioners had been accused under sections 323, 325, and 393 of the Pakistan Penal Code and had previously been granted bail by a Sessions Judge, which was later revoked by the Lahore High Court. The petitioners' counsel argued that the accusations were baseless and that the lengthy delay in the proceedings, with no prosecution witnesses examined, warranted their release on bail. The court's ultimate decision to grant bail reflects a commitment to uphold justice and ensure that individuals are not held without adequate evidence. This case highlights the importance of timely prosecution and the rights of the accused within the judicial system, serving as a precedent for similar future cases. Keywords: bail, prosecution delay, Supreme Court of Pakistan, case law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ANWARUL HAQ,
MUHAMMAD GUL
|
| Lawyers |
Talaat Farooq Sheikh,
Mahmood A. Quraishi,
M. Asif Jan,
Ijaz Ali
|
| Petitioners |
GHULAM HAIDER,
ANOTHERS
|
| Respondents |
THE STATE
|
| Citations |
1983 SLD 126,
1983 SCMR 790
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898)
|
| Sections |
497,
499
|