| Case ID |
3d52494d-816a-4974-9c91-88f27d9ed2b9 |
| Body |
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| Case Number |
CrA. No.95 of 1991 in Cr.P.S.LA. No.185 of 1991 |
| Decision Date |
Jun 29, 1992 |
| Hearing Date |
Jun 29, 1991 |
| Decision |
The Supreme Court of Pakistan allowed the appeal filed by Muhammad Jaffar against the order of the Lahore High Court, which had cancelled his bail. The court noted that the petitioner was a first offender and had spent two weeks in custody. The injury attributed to him was on a non-vital part of the complainant's body. The court converted the petition for leave to appeal into an appeal and reinstated the bail previously granted by the learned Magistrate. |
| Summary |
In the case of Muhammad Jaffar vs. The State, the Supreme Court of Pakistan addressed the issue of bail cancellation under the Penal Code and the Criminal Procedure Code. The petitioner, Muhammad Jaffar, was accused of trespassing and theft but was ultimately granted bail due to being a first-time offender with non-vital injuries attributed to him. The decision emphasized the importance of considering the nature of the offense and the circumstances surrounding the accused when granting bail. The ruling aligns with the principles of justice and the rights of individuals under the Constitution of Pakistan, reinforcing the need for fair treatment within the legal system. This case highlights critical aspects of bail law and the judicial process, making it significant for legal practitioners and scholars. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
NASIM HASAN SHAH,
MUHAMMAD RAFIQ TARAR
|
| Lawyers |
learned counsel for the petitioner
|
| Petitioners |
MUHAMMAD JAFFAR
|
| Respondents |
THE STATE and others
|
| Citations |
1993 SLD 551,
1993 SCMR 248
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Criminal Procedure Code (V of 1898),
Constitution of Pakistan (1973)
|
| Sections |
452,
379,
337-A,
337-F,
497,
185(3)
|