| Case ID |
44e27b0f-b6f6-4a1f-8b2b-4630ee7ade87 |
| Body |
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| Case Number |
Crl. P. No. 701 of 2023 |
| Decision Date |
Aug 11, 2023 |
| Hearing Date |
Aug 11, 2023 |
| Decision |
The Supreme Court of Pakistan allowed the petition for pre-arrest bail, indicating that the petitioner, Ch. SAEED AHMED KHALIL, was wrongfully implicated in a case involving substantial financial fraud. The Court noted that the petitioner’s son, Furqan Saeed, was involved in a joint business with the complainant and had been granted post-arrest bail. The Court emphasized that the mere registration of another case against the petitioner does not automatically disqualify him from receiving bail if he has a prima facie case. The Court's ruling highlighted the importance of liberty as a fundamental right, stating that it cannot be revoked without exceptional justification. Ultimately, the Court set aside the Lahore High Court's earlier order and confirmed the interim pre-arrest bail granted to the petitioner. |
| Summary |
In the case of Crl. P. No. 701 of 2023, the Supreme Court of Pakistan addressed a petition for pre-arrest bail filed by Ch. SAEED AHMED KHALIL. The petitioner was implicated in a fraud case involving his son, Furqan Saeed, who allegedly caused a significant financial loss to the complainant, Yousaf Engineering (Pvt) Ltd. The Court evaluated the circumstances surrounding the allegations, noting that the principal accused had been granted post-arrest bail, which established a precedent for the petitioner’s request. The Court ruled that granting bail is essential to protect the fundamental right to liberty, emphasizing that allegations alone, especially those made after a considerable delay, do not warrant denying bail. The decision reinforces the principles of fair justice and the presumption of innocence, particularly in cases involving serious financial disputes. The Court's ruling is likely to influence future bail applications where the merits of involvement are questionable and highlights the necessity for courts to consider the context and timing of allegations when adjudicating such matters. Keywords relevant to this case include 'pre-arrest bail', 'financial fraud', 'Supreme Court of Pakistan', 'fundamental rights', and 'criminal procedure'. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Yousaf Engineering (Pvt) Ltd
|
| Judges |
Sayyed Mazahar Ali Akbar Naqvi,
Syed Hasan Azhar Rizvi
|
| Lawyers |
Malik Jawwad Khalid, ASC,
Mr. Muhammad Sharif Janjua, AOR,
Mr. Muhammad Javed Ch, ASC for Complainant
|
| Petitioners |
Ch. SAEED AHMED KHALIL
|
| Respondents |
STATE etc.
|
| Citations |
2024 SLD 4749,
2024 PLJ 124
|
| Other Citations |
1986 SCMR 1380,
2021 SCMR 2086,
2022 SCMR 821,
2022 SCMR 1424,
PLD 1989 SC 347,
PLD 2022 SCMR 1424,
2022 SCMR 1271,
PLD 1990 SC 934
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Constitution of Pakistan, 1973,
Pakistan Penal Code, 1860
|
| Sections |
497(2),
185(3),
420,
468,
471
|