| Case ID |
46739a70-fc23-4746-9b05-47eadf95e722 |
| Body |
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| Case Number |
Criminal Petition No. 36-K of 1993 |
| Decision Date |
Nov 04, 1993 |
| Hearing Date |
Nov 04, 1993 |
| Decision |
The Supreme Court of Pakistan ruled on the case regarding the cancellation of bail granted to Sujawal Khan, who was implicated in a murder case. The Court emphasized that the High Court had erred in granting bail before arrest, as the evidence suggested that Sujawal Khan was actively involved in the crime. The decision highlighted the importance of a thorough evaluation of the evidence by the trial court and the necessity for the prosecution to be able to present its case without undue advantage given to any party during the investigation phase. The Court ultimately cancelled the pre-arrest bail granted by the High Court, reinforcing the principle that bail in serious offenses such as murder requires a careful consideration of the facts and circumstances surrounding the case. |
| Summary |
This case revolves around the legal complexities of bail under the Criminal Procedure Code, particularly sections 497 and 498, which differentiate between bail after arrest and bail before arrest. The Supreme Court of Pakistan addressed the implications of granting bail in serious criminal offenses, specifically murder, where the accused, Sujawal Khan, was alleged to have participated in the firing that resulted in the death of the complainant's son. The Court elucidated the standards for assessing whether bail should be granted, emphasizing the necessity for the trial court to evaluate the evidence comprehensively. The case also touches upon the significance of the relationship between the parties involved and the potential for bias in the legal proceedings. The decision underscores the legal framework governing anticipatory bail and the importance of safeguarding the integrity of the judicial process. The ruling serves as a precedent for future cases involving similar legal questions regarding bail and the rights of the accused versus the interests of justice. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
AJMAL MIAN,
SAJJAD ALI SHAH,
SALEEM AKHTAR
|
| Lawyers |
Abdul Hafeez Memon,
Naraindas C. Motiani,
A.G. Mangi,
M.M. Aqil,
Ahmadullah Farooqui
|
| Petitioners |
SARWAR SULTAN
|
| Respondents |
THE STATE,
Sujawal Khan
|
| Citations |
1994 SLD 365,
1994 PLD 133
|
| Other Citations |
Iqbalur Rahman v. The State PLD 1974 SC 83,
Muhammad Hussain v. Muhammad Anwar Ahmad Khan and others 1975 SCMR 151,
Choudhary Muhammad Shafi v. Choudhary Muhammad Anwar Samma and another 1975 SCMR 219,
Choudhary Zahoor Illahi v. The State 1981 SCMR 935,
Ali Muhammad v. Yamin and another 1981 SCMR 1139,
Murad Khan v. Fazal-e-Subhan PLD 1983 SC 82,
Mohib Raziq v. Shah Muhammad and another 1983 SCMR 1130,
Mst: Bashiran Bibi v. Nisar Ahmad Khan and others PLD 1990 SC 83
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860),
Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979),
Constitution of Pakistan (1973)
|
| Sections |
497,
498,
302,
307,
34,
337,
17(3),
185(3)
|