| Case ID |
37960951-e882-4166-9959-d6cea807f4ca |
| Body |
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| Case Number |
Criminal Petition No. 3-Q of 1988 |
| Decision Date |
Jun 07, 1988 |
| Hearing Date |
Jun 07, 1988 |
| Decision |
For the reasons recorded separately, this petition is converted into an appeal. The appeal is partly allowed, modifying the impugned order of the High Court to the extent that the bail granted to Ali Bux son of Ali Gul, respondent-4 herein, is cancelled. Consequently, the surety-bond and personal bond executed by him are cancelled. The respondent Ali Bux son of Ali Gul shall surrender to jail custody. The trial Court is directed to pass appropriate orders regarding this matter, including the issuance of non-bailable warrants against him. It is clarified that the Tribunal to whom the case has been referred for trial under the provisions of Criminal Law (Special Provisions) Ordinance, II of 1968, may address whether the bail granted to the other accused should be cancelled at any subsequent stage. The respondent Ali Bux son of Ali Gul may apply to the Tribunal for release on bail after some evidence is recorded, and the Tribunal shall deal with it in accordance with the law. |
| Summary |
This case revolves around the cancellation of bail granted to the accused, Ali Bux son of Ali Gul, by the High Court. The Supreme Court of Pakistan, upon review, determined that the bail should be cancelled for reasons to be recorded separately. The decision emphasized the authority of the Tribunal under the Criminal Law (Special Provisions) Ordinance, II of 1968, to handle the question of bail cancellation for the accused. The Supreme Court directed the trial court to issue appropriate orders concerning the custody of the accused, including non-bailable warrants, reinforcing the legal framework concerning bail and its cancellation. This ruling is significant in the context of criminal procedure and the rights of the accused during trial proceedings, ensuring that due process is followed while safeguarding the interests of justice. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ABDUL KADIR SHAIKH,
ZAFFAR HUSSAIN MIRZA
|
| Lawyers |
Not available
|
| Petitioners |
BAKHSH ALI
|
| Respondents |
ALI GUL
|
| Citations |
1988 SLD 2797,
1988 SCMR 1821
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Criminal Law (Special Provisions) Ordinance (II of 1968)
|
| Sections |
497,
498
|