| Case ID |
4142e8d8-2d13-41f3-8203-a4341baada7a |
| Body |
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| Case Number |
Crl. P. No. 1392 of 2022 |
| Decision Date |
Dec 08, 2022 |
| Hearing Date |
Dec 08, 2022 |
| Decision |
The Supreme Court of Pakistan granted bail to the petitioner, Muhammad Nawaz @ Karo, by overturning the previous decision of the High Court of Sindh. The court found that the delay in lodging the FIR, which was filed more than nine months after the alleged crime, was significant and unexplained. The petitioner had not been found with any incriminating evidence during the investigation, and no recovery had been made from him despite being in police custody. The court emphasized the importance of the liberty of an individual, stating that it should not be curtailed based solely on bald allegations. The petitioner was admitted to bail upon furnishing surety bonds, thereby allowing him to contest the charges from outside prison. |
| Summary |
In the Supreme Court case Crl. P. No. 1392 of 2022, the petitioner, Muhammad Nawaz @ Karo, sought post-arrest bail against the State regarding allegations of robbery. The court scrutinized the timelines of the FIR and noted the excessive delay of over nine months without a plausible explanation. The court highlighted the lack of concrete evidence against the petitioner, emphasizing that mere allegations cannot justify the deprivation of liberty. The decision underscored the fundamental right to bail as a norm, asserting that the presumption of innocence until proven guilty is a cornerstone of criminal justice. The ruling serves as a crucial reminder of the procedural safeguards in the criminal justice system, reinforcing the principle that liberty should not be easily compromised. This case is significant for legal practitioners dealing with bail applications and highlights the importance of timely reporting in criminal cases. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Sayyed Mazahar Ali Akbar Naqvi,
Muhammad Ali Mazhar,
Athar Minallah
|
| Lawyers |
Malik Altaf Hussain Kandawal, ASC for Petitioner,
Mr. Zafar Ahmed Khan, Addl. P.G. for State,
Mr. Junaid Iftikhar Mirza, ASC,
Syed Rifaqat Hussain Shah, AOR for Complainant
|
| Petitioners |
Muhammad Nawaz @ Karo
|
| Respondents |
State
|
| Citations |
2023 SLD 2460,
2023 PLJ 68
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (West Pakistan Amendment) Act, 1964
|
| Sections |
497,
395,
342,
506(ii)
|