| Case ID |
39b0f3e2-4b71-402a-860a-5a36dfb7cb0f |
| Body |
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| Case Number |
Criminal Petition for Special Leave to Appeal No. |
| Decision Date |
Apr 15, 1979 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition for leave to appeal against the decision of the Lahore High Court, which had earlier granted bail to the respondent. The Court held that the order of the High Court was correct and that the circumstances at the time of the decision did not warrant interference. The Court emphasized that events occurring after the bail was granted could not be used as a basis to reverse the order. It noted that while the petitioner could move for cancellation of bail if there was misuse, the original order stood unaffected. |
| Summary |
This case revolves around the cancellation of bail granted to a respondent accused of murder. The petitioner challenged the bail on grounds of misuse, citing an incident where the respondent allegedly attacked the brother of the deceased post-release. The Supreme Court of Pakistan upheld the High Court's decision to grant bail, stating that the circumstances at the time of the decision were appropriate and that later events could not be grounds for reversal. The case highlights critical aspects of bail law under the Criminal Procedure Code and the Penal Code, emphasizing the need for cogent reasons for bail cancellation. Key terms include 'bail cancellation', 'misuse of bail', and 'murder trial'. This case serves as a precedent for future bail applications and emphasizes the significance of judicial discretion in bail matters. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ANWARUL HAQ, C.J.,
NASIM HASAN SHAH, J
|
| Lawyers |
Shahid Hussain Kadri,
M. Aslam Chaudhry
|
| Petitioners |
Mahr GHULAM NABI
|
| Respondents |
MUHAMMAD SHAFIQ AND ANOTHER
|
| Citations |
1982 SLD 193,
1982 SCMR 196
|
| Other Citations |
1978 S C M R 314
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code, 1860
|
| Sections |
497(5),
307,
302
|