| Case ID |
3d55cf59-33f2-4d4b-a309-6433c9529e67 |
| Body |
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| Case Number |
Criminal Petition No.217 of 2008 |
| Decision Date |
Apr 15, 2009 |
| Hearing Date |
Apr 15, 2009 |
| Decision |
The Supreme Court of Pakistan granted bail to Maulana Abdul Aziz due to insufficient incriminating evidence connecting him to the alleged offenses. The court emphasized the presumption of innocence and noted that the prosecution failed to provide a prima facie case against the petitioner. It highlighted that the complainant did not nominate the petitioner in the FIR and that the evidence presented was vague and required further inquiry. The court ruled that the delay in submitting the challan and the lack of substantial evidence warranted the grant of bail, thus overturning the Islamabad High Court's decision. |
| Summary |
The case of Maulana Abdul Aziz against The State revolves around the granting of bail in a criminal proceeding. The Supreme Court of Pakistan ruled in favor of the petitioner, emphasizing the lack of sufficient evidence connecting him to the alleged offenses under the Criminal Procedure Code, Anti Terrorism Act, and Pakistan Penal Code. The court's decision was based on the principle of presumption of innocence, noting that the complainant did not initially name the petitioner in the FIR. The ruling underscores the importance of further inquiry in cases where evidence is insufficient, and it reflects the court's cautious approach in bail matters. This case highlights the balance between justice and the rights of the accused within the legal framework of Pakistan. Keywords: bail, criminal law, Supreme Court, presumption of innocence, Anti Terrorism Act, further inquiry, Pakistan Penal Code. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
JAVED IQBAL,
SARMAD,
JALAL OSMANY,
SAYED ZAHID HUSSAIN
|
| Lawyers |
Mr. Shaukat Aziz Siddiqui,
Mr. Muhammad Ilyas Siddiqui
|
| Petitioners |
Maulana ABDUL AZIZ
|
| Respondents |
THE STATE
|
| Citations |
2009 SLD 1798,
2009 SCMR 1210
|
| Other Citations |
Abdul Haq v. The State 1979 SCMR 254,
Ghulam Nabi v. The State NLR 1978 Cri. 328,
Sultan Khan v. Amir Khan PLD 1977 SC 642,
Haq Nawaz v. The State 1969 PCr.LJ 358,
Haq Nawaz v. The State 1969 SCMR 174,
Mst. Zaro v. The State 1974 SC 11,
Muhammad Sadiq v. Sadiq PLD 1985 SC 182,
Falak Sher v. The State 1979 SCMR 103,
Najeeb Gul v. Khalid Khan 1989 SCMR 899,
Syed Amanullah Shah v. The State PLD 1996 SC 241,
Arbad Ali v. Khamiso 1985 SCMR 195,
Tariq Bashir v. State PLD 1995 SC 34,
Shabbir Ahmad v. The State PLD 1977 Lah. 201,
Nisar Ahmad v. The State PLD 1971 SC 174,
Mian Mehraj Din and others v. The State 1985 PCr.LJ.2987
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Anti Terrorism Act, 1997,
Constitution of Pakistan, 1973,
Pakistan Penal Code, 1860
|
| Sections |
497,
6,
7,
21C(4),
185(3),
448,
427,
452,
506,
147,
149
|