| Case ID |
4651f325-3256-44e0-b136-b1164571604d |
| Body |
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| Case Number |
Criminal Petition for Special Leave to Appeal No. |
| Decision Date |
Oct 23, 1978 |
| Hearing Date |
|
| Decision |
The Supreme Court upheld the decision of the Peshawar High Court regarding the bail application of the respondents. The court found that the respondents' actions, which did not result in direct harm, distinguished their case from that of Namdad, whose actions resulted in the fatal injury of Muhammad Ibrahim. The court emphasized that the matter of bail lies within the discretion of the High Court, and since the High Court had assessed the overall circumstances and found no significant legal or factual errors, the Supreme Court dismissed the petition for special leave to appeal. The decision reinforced the principle that bail decisions must consider the specifics of each case, particularly the nature of the respondents' actions in relation to the alleged crime. |
| Summary |
This case involves a criminal petition for special leave to appeal concerning the bail application of respondents accused of murder. The Supreme Court addressed the nuances of bail law under the Criminal Procedure Code, emphasizing that the discretion for granting bail lies with the High Court. The court analyzed the circumstances surrounding the case, which stemmed from a dispute over property boundaries leading to a fatal shooting. Key legal arguments revolved around the common intention of the accused and their respective actions during the incident. The ruling highlighted the importance of context in criminal law, particularly regarding the interpretation of intent and culpability in bail matters. The decision serves as a significant reference for future cases involving similar legal principles and reinforces the judicial discretion exercised by High Courts in bail considerations. The case also underscores the judicial process's role in balancing individual rights against public safety concerns, marking its relevance in ongoing discussions about criminal justice reform. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HALEEM,
KARAM ELAHEE CHAUHAN
|
| Lawyers |
Inamullah Khan,
M. Qasim Imam,
Mian Muhammad Ajmal,
M. Bilal,
Yaqub Hussain Zaidi
|
| Petitioners |
MUHAMMAD ISMAIL
|
| Respondents |
PATTEN MALAK,
Nowsher,
Bakhtmand
|
| Citations |
1979 SLD 480,
1979 SCMR 91
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898)
|
| Sections |
497
|