| Case ID |
3ab6e6c9-5682-485e-9776-dd4dad3a3692 |
| Body |
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| Case Number |
Criminal Petition for Special Leave to Appeal No.1 |
| Decision Date |
Jun 03, 1984 |
| Hearing Date |
May 27, 1984 |
| Decision |
The petitioner seeks leave to appeal against the order of the learned Single Judge of the Lahore High Court, dated 22-12-1982, with a view to get the bail of respondents 1 to 9 cancelled. The respondents are accused, along with others, of the offence under section 302/149, P.P.C., for the murder of Zahoor Hussain, who is the real brother of Khadim Hussain, the complainant. It was noted that the respondents inflicted about 50 injuries on the deceased. Despite concerns regarding the granting of bail in such a serious case, the court refrained from interfering as the trial had already commenced, and the prosecution evidence had been recorded, with the case fixed for arguments on the 3rd of June, 1984. Consequently, the petition was dismissed. |
| Summary |
This case revolves around the Supreme Court of Pakistan's decision regarding a criminal petition for special leave to appeal concerning bail cancellation. The petition was filed by Khadim Hussain, the complainant, to challenge the Lahore High Court's order permitting bail to the accused, who were charged with the murder of Zahoor Hussain. The court deliberated on various legal provisions, including Article 185(3) of the Constitution of Pakistan and Section 497(5) of the Criminal Procedure Code. The judges, ASLAM RIAZ HUSSAIN and NASIM HASAN SHAH, expressed surprise at the bail grant given the severity of the case, where the accused allegedly inflicted numerous injuries on the victim. However, they decided not to interfere since the trial was already underway, thus dismissing the petition. This case highlights critical issues regarding bail in serious criminal offenses, the procedural aspects of appeals, and the judicial discretion exercised in such matters. Keywords: bail cancellation, murder, criminal procedure, Supreme Court of Pakistan, legal appeal. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ASLAM RIAZ HUSSAIN,
NASIM HASAN SHAH
|
| Lawyers |
Learned counsel for the petitioner,
Learned counsel for the State
|
| Petitioners |
Khadim
|
| Respondents |
others,
Hasan
|
| Citations |
1985 SLD 623,
1985 SCMR 909
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Criminal Procedure Code (V of 1898)
|
| Sections |
185(3),
497(5)
|