| Case ID |
42d4deba-0366-4655-a68a-a990eefdc4bc |
| Body |
View case body. Login to View |
| Case Number |
Criminal Petition for Leave to Appeal No.463-L of |
| Decision Date |
Dec 11, 2000 |
| Hearing Date |
|
| Decision |
The Supreme Court upheld the well-reasoned discretionary order of the Lahore High Court granting pre-arrest bail to the petitioners. The Court found no grounds for interference with the High Court's observations, which clarified that the order would not abridge the trial court's powers to cancel bail should sufficient evidence arise. The petition was dismissed as the complainant's arguments lacked merit. |
| Summary |
In the case between Ghulam Muhammad Khan and Muhammad Sadiq, the Supreme Court of Pakistan addressed the issue of pre-arrest bail under the provisions of the Criminal Procedure Code and the Penal Code. The petitioners were granted pre-arrest bail by the Lahore High Court, which made observations that were contested by the complainant. The Supreme Court found that the High Court's order did not limit the trial court's authority to reconsider bail based on new evidence. Ultimately, the petition for leave to appeal was dismissed, reinforcing the principle that courts should exercise discretion based on the specifics of each case. This case highlights the judicial principles surrounding bail and the importance of evidentiary standards in criminal proceedings. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
CH. MUHAMMAD ARIF,
TANVIR AHMED KHAN
|
| Lawyers |
Sardar Muhammad Latif Khan Khosa, Advocate Supreme Court,
Syed Abul Aasim Jafri, Advocate-on-Record for Petitioner,
Ch. Riasat Ali, Advocate Supreme Court for Respondents
|
| Petitioners |
GHULAM MUHAMMAD KHAN
|
| Respondents |
MUHAMMAD SADIQ and others
|
| Citations |
2001 SLD 1535,
2001 SCMR 1544
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860),
Constitution of Pakistan (1973)
|
| Sections |
497(5),
302/34/109,
Art.185(3)
|