| Case ID |
735a88b5-6ad3-4d43-a647-26ff8cb62e37 |
| Body |
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| Case Number |
Criminal Petition No. 443-L of 2011 |
| Decision Date |
Jul 08, 2011 |
| Hearing Date |
Jul 08, 2011 |
| Decision |
The Supreme Court of Pakistan allowed the pre-arrest bail for Shahid Imran, concluding that the High Court's cancellation was unjustified. The allegations against the petitioner regarding the misuse of bail were not substantiated, and the court recognized the distinction between investment and entrustment of money, highlighting that a breach of contract does not equate to criminal breach of trust. The court emphasized that no evidence was presented to establish that the complainant had made any payments that could be linked to the alleged offences, thus the decision to grant pre-arrest bail was upheld. |
| Summary |
This case revolves around the pre-arrest bail application of Shahid Imran, who faced allegations of fraud and criminal intimidation in relation to a business investment. The Supreme Court scrutinized the legal definitions of 'entrustment' and 'investment', determining that the mere breach of a promise does not constitute criminal breach of trust. The court noted that the High Court's cancellation of bail lacked a proper basis, especially since there was no evidence of misuse of bail or any substantial proof of the alleged offences. The decision reinforces the principles governing bail and the necessity of credible evidence in criminal proceedings, ensuring fair treatment for the accused. This case highlights vital keywords such as 'pre-arrest bail', 'criminal breach of trust', 'investment versus entrustment', and 'Supreme Court of Pakistan', which are essential for legal practitioners and scholars in understanding the nuances of criminal law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MAHMOOD AKHTAR SHAHID SIDDIQUI,
ASIF SAEED KHAN KHOSA
|
| Lawyers |
RAO TAJAMMAL ABBAS,
ASJAD JAVAID GHURAL
|
| Petitioners |
SHAHID IMRAN
|
| Respondents |
THE STATE and others
|
| Citations |
2011 SLD 1945,
2011 SCMR 1614
|
| Other Citations |
State of Gujarat v. Jaswantlal Nathalal AIR 1968 SC 700,
Punjab National Bank and others v. Surendra Prasad Sinha 1994 PSC (Crl) 768,
Shaukat Ali Sagar v. Station House Officer, Police Station Batala Colony, Faisalabad and 5 others 2006 PCr.LJ 1900,
Ghulam Ali v. Javid and another 1989 PCr.LJ 507,
Nga Po Seik v. Emperor 1917 Indian Cases 824,
Kanai Lal Dutta v. The State (AIR 1951 Cal. 206)
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860),
Constitution of Pakistan
|
| Sections |
497(5),
498,
406,
506,
185(3)
|