| Case ID |
67d6374d-0c13-4543-b2a8-eb8317a91cc0 |
| Body |
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| Case Number |
Criminal Petition No.4-P of 2008 |
| Decision Date |
Apr 23, 2009 |
| Hearing Date |
Apr 23, 2009 |
| Decision |
The Supreme Court of Pakistan dismissed the petition filed by Zar Muhammad seeking leave to appeal against the High Court's decision which granted bail to Mian Jafar Shah. The Court upheld the High Court's reasoning based on the medical condition of the respondent, which the medical board confirmed as serious heart disease requiring treatment not available in jail. The petitioner's argument regarding the overwhelming evidence against the respondent was found insufficient to overturn the bail decision. The Court concluded that the High Court's assessment was valid and sound, and no legal or factual infirmity was identified. |
| Summary |
In the case of Zar Muhammad vs. Mian Jafar Shah, the Supreme Court of Pakistan evaluated a petition under Article 185(3) concerning the grant of bail by the Peshawar High Court. The case revolved around serious allegations including murder and attempted murder, with the respondent's medical condition being pivotal to the High Court's decision. The Supreme Court found that the High Court's rationale for granting bail was grounded in substantial medical evidence, indicating that the respondent required treatment for a serious heart condition. The petitioner argued that there was sufficient evidence to deny bail; however, the Supreme Court upheld the High Court's decision, emphasizing that the gravity of the respondent's health issues justified the bail under the Criminal Procedure Code. This case highlights the intersection of criminal law and healthcare considerations within the judicial process, showcasing the Court's commitment to ensuring that justice is served while also considering the humane aspect of an individual's health situation. The decision reinforces the legal principle that health concerns can significantly influence bail applications, particularly when adequate medical care is not available in detention facilities. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
IJAZ-UL-HASSAN KHAN,
MUHAMMAD QAIM
|
| Lawyers |
M. Zahoor Qureshi,
Mian Mohibullh Kakakhel
|
| Petitioners |
ZAR MUHAMMAD
|
| Respondents |
another,
Mian JAFAR SHAH
|
| Citations |
2009 SLD 1239,
2009 PLD 707
|
| Other Citations |
Muhammad Arshad v. The State and another 1997 SCMR 1275,
Raza Mohsin Qazilbash v. Muhammad Usman Malik and others 1999 SCMR 1794,
Haji Mir Aftab v. The State 1979 SCMR 320,
Abdul Aziz v. Bashir Ahmed and the State PLD 1966 SC 658,
Muhammad Bashir v. The State 1991 PCr.LJ 2422
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860),
Constitution of Pakistan (1973)
|
| Sections |
497(5),
302,
324,
34,
185(3)
|