| Case ID |
426958c4-1c05-40ea-9841-4efa36191741 |
| Body |
View case body. Login to View |
| Case Number |
Criminal Petition No.25 of 2009 |
| Decision Date |
Mar 26, 2009 |
| Hearing Date |
Mar 26, 2009 |
| Decision |
The Supreme Court of Pakistan allowed the appeal and recalled the pre-arrest bail granted to Muhammad Rafique. The court emphasized the necessity for adherence to the established legal framework regarding pre-arrest bail, noting that it should only be granted in extraordinary circumstances. The court found that the High Court had failed to demonstrate sufficient grounds to justify the pre-arrest bail, especially considering the serious nature of the charges against Rafique, who was a proclaimed offender. The Supreme Court highlighted that the conditions outlined in Section 498 of the Criminal Procedure Code must be satisfied, and no such findings existed in the bail granting order. The court directed that Rafique may be taken into custody in accordance with the law. |
| Summary |
This case revolves around the issue of granting bail before arrest under the Criminal Procedure Code of Pakistan, specifically Section 498. The Supreme Court of Pakistan examined the legal framework governing pre-arrest bail, emphasizing that it is an extraordinary remedy meant for exceptional cases where there is a significant risk of injustice or ulterior motives in the arrest process. The court scrutinized the High Court's earlier decision that had granted bail to the respondent Muhammad Rafique, who faced serious charges including double murder. The Supreme Court found that the High Court did not provide adequate justification for its decision, particularly in light of the absence of evidence supporting the claim of mala fides or ulterior motives by law enforcement. The court concluded that the principles established in previous case law regarding pre-arrest bail must be strictly adhered to, reiterating that such relief should not be granted lightly. The decision underscores the importance of following procedural norms, especially in cases involving serious criminal allegations. The ruling serves as a critical reminder of the balance between individual rights and the need for effective law enforcement in serious criminal matters. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Khalil-ur-Rehman Ramday,
Sarmad Jalal Osmani
|
| Lawyers |
Raja Muhammad Ibrahim Satti,
Zulfiqar Khalid Malooka,
M. Siddique Baloch
|
| Petitioners |
Rana Muhammad Arshad
|
| Respondents |
another,
Muhammad Rafique
|
| Citations |
2009 SLD 1202,
2009 PLD 427
|
| Other Citations |
PLD 1949 Lah. 21,
AIR 1949 Lah. 77,
PLD 1966 SC 1003,
PLD 1966 SC 589,
PLD 1974 Lah. 256,
PLD 1983 SC 82,
1976 SCMR 45,
PLD 1984 SC 192,
2003 SCMR 68
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Constitution of Pakistan (1973)
|
| Sections |
498,
497,
Art.185(3)
|