Legal Case Summary

Case Details
Case ID 425b4f62-9dc3-4a59-9ef6-79e3e8515095
Body View case body.
Case Number Criminal Petition No. 254-L of 2017
Decision Date Mar 22, 2017
Hearing Date Mar 22, 2017
Decision The Supreme Court confirmed the ad interim pre-arrest bail for the petitioners, Shahbaz Ahmed Chaudhry and Abdul Rashid, after considering the circumstances of the case. The Court noted that the FIR was lodged with a delay of eleven days, and no individual role was attributed to the petitioners in the collective allegations against multiple individuals. The offences, except for sections 356 and 379 of the Pakistan Penal Code, were bailable. The Court also highlighted that the petitioners were not armed during the occurrence and had cooperated with the investigation, leading to the conclusion that the allegations may have been exaggerated. Thus, the Court allowed the appeal and confirmed the pre-arrest bail.
Summary This case revolves around a criminal petition regarding the grant of pre-arrest bail to the petitioners, Shahbaz Ahmed Chaudhry and Abdul Rashid, in connection with FIR No. 1424 registered at Police Station Sabzazar, Lahore. The case involved serious allegations including mischief, house-trespass, and theft, but the Supreme Court found several inconsistencies in the complainant's claims. Notably, the FIR was delayed by eleven days, and the police confirmed that the accused were not armed during the alleged incident. The Court emphasized the importance of fair legal representation and the presumption of innocence, leading to the decision to confirm bail. Keywords such as 'pre-arrest bail', 'criminal procedure', and 'Pakistan Penal Code' are crucial for better visibility in legal discussions and search rankings.
Court Supreme Court of Pakistan
Entities Involved Not available
Judges Asif Saeed Khan Khosa, Manzoor Ahmed Malik
Lawyers Tahir Aslam Qureshi, Ch. Riasat Ali, Mazhar Sher Awan
Petitioners Abdul Rashid, Shahbaz Ahmed Chaudhry
Respondents The State
Citations 2017 SLD 56, 2017 SCMR 1724
Other Citations Not available
Laws Involved Criminal Procedure Code (V of 1898), Pakistan Penal Code, 1860
Sections 498, 356, 379, 427, 448, 506