| Case ID |
39b54738-dc1b-4095-a646-e0d3924d0dec |
| Body |
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| Case Number |
Criminal Petition for Leave to Appeal No. 4-K of 1 |
| Decision Date |
Apr 06, 1986 |
| Hearing Date |
Apr 06, 1986 |
| Decision |
The Supreme Court of Pakistan, with Justices Muhammad Haleem, Abdul Qadir Shaikh, and Zaffar Hussain Mirza presiding, dismissed the petition filed by Haji Ali Bux seeking the cancellation of pre-arrest bail granted to respondents Imam Bux and others. The High Court of Sind had previously denied pre-arrest bail based on substantial evidence and credible witness testimonies. Although the Military Court had initially granted bail, the Supreme Court ruled that upon the transfer of the case to a civil court, the respondents should have sought bail from the trial court instead of appealing to the High Court again. Consequently, the Supreme Court annulled the previously granted bail, directing the respondents to apply for bail under section 497 of the Code of Criminal Procedure at the trial court level, thereby reinforcing the procedural integrity and ensuring adherence to legal protocols. |
| Summary |
In the landmark case of Criminal Petition for Leave to Appeal No. 4-K of 1986, the Supreme Court of Pakistan rendered a pivotal decision on April 6, 1986, concerning the cancellation of pre-arrest bail granted to Imam Bux and his associates. The petitioner, Haji Ali Bux, challenged the High Court of Sind's earlier refusal to grant pre-arrest bail to the respondents based on substantial evidence linking them to the murder of Karam Khan. Despite the initial denial, the Military Court had subsequently granted bail, only to have the case transferred to a civil court. The Supreme Court meticulously examined the procedural aspects, emphasizing that once the case was handed over to the civil court, the proper legal pathway for seeking bail was through the trial court under section 497 of the Criminal Procedure Code (Cr.P.C.), not through further appeals to higher courts. The judges, including Chief Justice Muhammad Haleem, upheld the decision to cancel the Military Court's bail, reinforcing the necessity for adhering to established legal procedures. This case underscores the judiciary's commitment to maintaining procedural integrity and ensuring that legal protocols are strictly followed, thereby safeguarding the rights of both petitioners and respondents. The involvement of prominent legal advocates such as Muhammad Hayat Junejo and A.K. Brohi further highlights the case's significance in Pakistani jurisprudence. Keywords: Supreme Court of Pakistan, pre-arrest bail cancellation, Criminal Procedure Code, High Court of Sind, legal procedure, section 497 Cr.P.C., judicial integrity, bail application, civil court transfer, legal advocacy, Haji Ali Bux vs. Imam Bux, landmark legal decision, Pakistani criminal law, procedural justice, legal representation, Supreme Court decision 1986, Criminal Petition appeal, bail adjudication. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Supreme Court of Pakistan,
Police,
Civil Court,
High Court of Sind,
Military Court,
Court of Sessions, Nawab Shah,
CMLA
|
| Judges |
Muhammad Haleem, C.J.,
Abdul Qadir Shaikh,
Zaffar Hussain Mirza, JJ
|
| Lawyers |
Muhammad Hayat Junejo, Senior Advocate Supreme Court,
Muzaffar Hassan, Advocate-on-Record for Petitioner,
A.K. Brohi, Senior Advocate Supreme Court,
Azizullah K. Shaikh, Advocate Supreme Court,
S.M. Abbas, Advocate-on-Record for Respondent No.2,
Abdul Wali Makhdoom, Advocate Supreme Court,
A.S.K. Ghoury, Advocate-on-Record for Respondent No.3
|
| Petitioners |
Haji Ali Bux
|
| Respondents |
Ismail,
Imam Bux,
Amir Bux
|
| Citations |
1986 SLD 864,
1986 SCMR 1391
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
Art. 185,
S.497,
S.302,
S.394,
S.34
|