| Case ID |
675978b1-f719-44b7-9a85-f95a448ac468 |
| Body |
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| Case Number |
Criminal Petition No.534 of 2003 |
| Decision Date |
Mar 28, 2005 |
| Hearing Date |
Mar 28, 2005 |
| Decision |
The Supreme Court declined to interfere with the High Court's order granting bail to the accused, concluding that the prosecution had not established sufficient grounds for cancellation of bail. The decision noted that most witnesses had been examined, and there was no evidence of the accused misusing bail. The order emphasized the tentative nature of observations made during the bail stage, indicating that such findings would not affect the merits of the case later on. |
| Summary |
This case involves a criminal petition concerning the granting of bail to an accused, Haji Mian ABDUL RAFIQUE, who was charged with the murder of his wife. The Lahore High Court had accepted the bail application based on the fact that most witnesses had been examined, and the delay in witness statements raised doubts about the prosecution's case. The Supreme Court upheld this decision, highlighting that the cancellation of bail was not warranted at this stage. The case reflects important aspects of criminal procedure, particularly regarding the rights of the accused and the presumption of innocence until proven guilty. Key legal principles from the Criminal Procedure Code, Penal Code, and the Constitution of Pakistan were applied. The case underscores the balance between prosecutorial diligence and the rights of the accused, especially in the context of bail applications. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MIAN SHAKIRULLAH JAN,
M. JAVED BUTTAR
|
| Lawyers |
Malik Muhammad Kabir,
Sardar M. Siddique Khan
|
| Petitioners |
Haji Mian ABDUL RAFIQUE
|
| Respondents |
another,
RIAZUDDIN
|
| Citations |
2008 SLD 1790,
2008 SCMR 1206
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code,
Penal Code,
Constitution of Pakistan
|
| Sections |
497(5),
302,
185(3)
|