| Case ID |
38d62adc-b22e-4031-96fd-cd5c143960f3 |
| Body |
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| Case Number |
Criminal Petitioner Leave to Appeal No.120/R of 19 |
| Decision Date |
Jul 26, 1989 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan refused the leave to appeal against the High Court's order denying bail before arrest to the petitioner, Lt. Gen. (Rtd.) Fazlehaq. The Court noted that with the petitioner's arrest, the issue of bail before arrest had become academic and that different considerations would now apply to any relief the petitioner might seek. The Court emphasized the importance of allowing subordinate courts to handle the factual and legal aspects of the case before any appeal could be reviewed. The decision referenced previous cases to establish that a comprehensive understanding of bail before arrest had already been established, and no further additions were deemed necessary at this stage. Overall, the Court expressed confidence that the lower courts would proceed fairly and expeditiously regarding the petitioner's pending applications for bail after arrest. |
| Summary |
In the case of Lt. Gen. (Rtd.) Fazlehaq vs. The State, the Supreme Court of Pakistan dealt with a petition for leave to appeal concerning the denial of bail before arrest. The Court highlighted that since the petitioner had already been arrested, the question of bail before arrest had become irrelevant. It underscored the necessity of considering various factors that would influence any future relief the petitioner might seek, such as the current status of investigations and the availability of other accused individuals. The Court ultimately refused the leave to appeal, stating that the matter should be handled by subordinate courts, which are better positioned to evaluate the intricate details of the case. The ruling aimed to prevent any prejudicial impact on the ongoing proceedings related to the petitioner's arrest and the subsequent petitions for bail after arrest. The decision was firmly rooted in established case law surrounding bail and the procedural norms governing such matters, ensuring that the rights of the accused were upheld while maintaining the integrity of the judicial process. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
|
| Judges |
SHAFIUR RAHMAN,
SAAD SAOOD JAN
|
| Lawyers |
S. M. Zafar, Senior Advocate Supreme Court,
Tanvir Ahmad, Advocate-on-Record for Petitioner,
Sh. Shaukat Ali, Senior Advocate Supreme Court,
Muhammad Aslam Chattha, Advocate-on-Record for the Complainant,
Asif Jan, Deputy Attorney General,
Manzoor Elahi, Advocate-on-Record for the State
|
| Petitioners |
Lt. Gen. (Rtd.) FAZLEHAQ
|
| Respondents |
THE STATE
|
| Citations |
1989 SLD 1867,
1989 SCMR 1724
|
| Other Citations |
Ch. Zahur Ilahi v. The State 1981 SCMR 935,
Murad Khan v. Fazal-e-Subhan and another PLD 1983 SC 82,
Mceran Bux v. The State 1989 SCMR 1217,
PLD 1989 SC 347
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Constitution of Pakistan (1973)
|
| Sections |
498,
497,
Art. 185(3)
|