| Case ID |
735d7ec7-6ffb-44a0-a03c-6d9f8dd46adb |
| Body |
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| Case Number |
Criminal Petition for Special Leave to Appeal No. |
| Decision Date |
Dec 09, 1974 |
| Hearing Date |
|
| Decision |
The Supreme Court granted the petition for special leave to appeal, setting aside the Lahore High Court's order that had cancelled the anticipatory bail of the petitioners. The Court noted that the High Court had directed the petitioners to be taken into custody without any process issued by the Magistrate. The Court acknowledged that no coercive measures had been taken against the petitioners and that they were not required for police custody. The appeal was allowed, and the First Class Magistrate was instructed to deal with the complaint filed against the petitioners according to law. |
| Summary |
In the landmark case of Suleman Khan and another vs. The State, the Supreme Court of Pakistan addressed the critical issue of anticipatory bail and the authority of the High Court to order custody without due process. The case revolved around the cancellation of bail granted to Suleman Khan and his brother Shabbir Khan by a Single Judge of the Lahore High Court. The High Court's order was premised on the claim that the petitioners should be taken into custody, despite no formal process being issued by the relevant Magistrate. The Supreme Court, upon hearing the arguments from the counsel for the petitioners and the State, found that no coercive action had been initiated against the petitioners. This ruling underscored the importance of legal procedure and the protection of individual rights under the law. The Court's decision to allow the appeal emphasized the judiciary's role in safeguarding the principles of justice and ensuring that no individual can be deprived of liberty without due legal process. This case is particularly relevant in discussions about bail laws and the rights of individuals within the criminal justice system in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
HAMOODUR RAHMAN, C.J.,
ABDUL KADIR SHAIKH, J
|
| Lawyers |
Sardar Sami Hayat,
Tanvir Ahmad,
M. A. Bajwa
|
| Petitioners |
Shabbir Khan,
Suleman Khan
|
| Respondents |
THE STATE
|
| Citations |
1975 SLD 155,
1975 SCMR 131
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Penal Code
|
| Sections |
302,
34
|