| Case ID |
3826ac80-79b5-4bdc-9ec7-f57017f6ea65 |
| Body |
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| Case Number |
Petition for Special Leave to Appeal No. 200 of 19 |
| Decision Date |
Jun 28, 1968 |
| Hearing Date |
Jun 28, 1968 |
| Decision |
The petitioners, convicted and sentenced under sections 307/34 and 342/34 of the Pakistan Penal Code, sought special leave to appeal against the High Court's refusal to grant bail. The Supreme Court reviewed the case and held that the High Court's discretion in denying bail was exercised properly. The Court noted that the petitioners were convicted under section 307/34, and it was yet to be determined by the appellate court if the offenses fell under sections 323 and 324. The Supreme Court ultimately dismissed the petition, refusing special leave to appeal and upholding the previous order regarding bail. |
| Summary |
In the case of MUHAMMAD ASHRAF AND others vs THE STATE, the Supreme Court of Pakistan dealt with a petition for special leave to appeal regarding bail denial following convictions under sections 307 and 342 of the Penal Code. The court scrutinized the High Court's decision and the proper exercise of judicial discretion concerning bail. The court emphasized that the previous convictions had to be upheld until a determination was made by the appellate court. The key legal principles involved included bail provisions under the Criminal Procedure Code and the implications of sections 307, 323, and 324 of the Penal Code. The ruling reinforced the standards for bail in criminal cases, affirming the necessity for a thorough judicial process. This case highlights the nuances of criminal law in Pakistan and the rigorous standards required for overturning lower court decisions. Keywords include criminal law, bail, judicial discretion, and appellate review. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
FAZLEAKBAR, C.J.,
SAJJAD AHMAD, J
|
| Lawyers |
M. S. Baqir, Advocate Supreme Court,
Raja Abdul Razzaque, Attorney for Petitioners
|
| Petitioners |
others,
MUHAMMAD ASHRAF
|
| Respondents |
THE STATE
|
| Citations |
1969 SLD 184,
1969 SCMR 78
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code,
Penal Code
|
| Sections |
497,
307,
324,
323
|