| Case ID |
3d32ff31-0300-49e4-b941-18d680c71d2a |
| Body |
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| Case Number |
Criminal Petition for Leave to Appeal No. 87-K of |
| Decision Date |
Sep 07, 1988 |
| Hearing Date |
Sep 07, 1988 |
| Decision |
The Supreme Court of Pakistan refused the leave to appeal against the judgment of the High Court, which had denied bail to the petitioner. The court found that there was no evidence of enmity between the police and the petitioner, and the nature of the charges involved, including the use of a Kalashnikov during the alleged offense, warranted the refusal of bail. The court noted that the petitioner could renew the bail application after the examination of key witnesses, but at this stage, the decision to deny bail was justified given the seriousness of the charges. |
| Summary |
In the case of Abdul Kadir Shaikh and Shafiur Rahman vs. The State, the Supreme Court of Pakistan addressed the critical issue of bail under the Criminal Procedure Code and the Penal Code. The court considered the circumstances surrounding the arrest of the petitioner, who was accused of firing at a police party while in possession of a Kalashnikov. The petitioner's legal representatives argued for bail based on the assertion that the charge of ineffective firing was questionable and that the weapon may not have belonged to the petitioner. However, the court emphasized the recent nature of the incident and the serious nature of the charges, leading to a refusal of bail. This case underscores the stringent requirements for bail in cases involving violent offenses and the importance of evidence in supporting claims of innocence. Legal representatives involved included notable advocates, and the decision highlights the balance between individual rights and public safety in the judicial process. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SHAFIUR RAHMAN, J.
|
| Lawyers |
Sardar Muhammad Ishaque,
MA. Qarni
|
| Petitioners |
SHAFIUR RAHMAN,
ABDUL KADIR SHAIKH
|
| Respondents |
THE STATE
|
| Citations |
1989 SLD 476,
1989 SCMR 260,
1989 SLD 1032
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497,
307,
353
|