| Case ID |
7395769d-6854-4ea5-bc64-c36fcd0c3531 |
| Body |
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| Case Number |
Crl. P. No. 1720 of 2022 |
| Decision Date |
Mar 30, 2023 |
| Hearing Date |
Mar 30, 2023 |
| Decision |
In the Supreme Court of Pakistan, Crl. P. No. 1720 of 2022, adjudicated on March 30, 2023, the court converted the petition filed by NOOR KAMAL and another into an appeal, allowing it and setting aside the previous judgment by the Peshawar High Court. The petitioners were admitted to bail subject to furnishing bail bonds amounting to Rs.100,000/- each with sureties of similar amounts to the satisfaction of the learned Trial Court. The Court found that the petitioners had been wrongfully detained and that the delay in their trial was not due to any act or omission on their part. Moreover, considering that the co-accused had been granted post-arrest bail, the Court deemed it equitable to extend the same concession to the petitioners. The Court emphasized the fundamental right to liberty and ensured that the decision was made in the interest of the safe administration of criminal justice. |
| Summary |
In the landmark case Crl. P. No. 1720 of 2022 heard by the Supreme Court of Pakistan on March 30, 2023, NOOR KAMAL and another challenged the earlier judgment of the Peshawar High Court, Bannu Bench in BA No. 543B/2022. The case involved allegations under the Criminal Procedure Code (V of 1898) Section 497 and Penal Code (XLV of 1860) Sections 324/34 concerning post-arrest bail and the statutory grounds for bail. The petitioners, NOOR KAMAL and another, contended that they were wrongfully implicated in a severe criminal assault where they allegedly used firearms to launch a murderous attack on the complainant and a witness, leading to injuries. Despite being armed, the petitioners asserted that there was no intent to kill, as evidenced by the absence of repeated firing. They also highlighted that the prosecution did not provide detailed accounts of which accused fired at which victim. The petitioners were detained since May 14, 2021, and after more than 22 months of prolonged legal proceedings, the trial had not concluded, attributing this delay to prosecutorial lag rather than any misconduct by the accused. Additionally, they pointed out that a co-accused in a similar situation had been granted post-arrest bail by the Supreme Court, advocating for consistent judicial treatment. Represented by attorneys Mr. Ahmad Ali and Mr. Anis Muhammad Shahzad, the petitioners argued for the grant of post-arrest bail on statutory grounds, emphasizing their fundamental right to liberty as protected under the Constitution of the Islamic Republic of Pakistan, 1973. The State was represented by Sardar Ali Raza and other legal officers, countering the petitioners' claims by reaffirming the specific allegations against them in the crime report and underscoring their culpability. The Supreme Court meticulously reviewed the arguments, statutory provisions, and the overall conduct of the legal proceedings. The Court took into account Section 497(2) of the Cr.P.C., which mandates the release of an accused in non-bailable offenses not punishable by death if detained for over a year without the delay being attributable to any act or omission by the accused. Recognizing the unjustifiable delay in the petitioners' trial and the equivalence in the treatment of co-accused individuals, the Court ruled in favor of the petitioners. The decision underscored the importance of timely justice and the equitable application of legal standards, ensuring that individual liberties are not unduly compromised by protracted legal processes. By converting the petition into an appeal, allowing it, and granting bail subject to specified conditions, the Supreme Court reinforced its commitment to the safe administration of criminal justice and the protection of constitutional rights. This case highlights critical aspects of legal advocacy, judicial consistency, and the balance between prosecutorial duties and the rights of the accused in the Pakistani legal system. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Police Station Naurang, Lakki Marwat
|
| Judges |
MUNIB AKHTAR,
SAYYED MAZAHAR ALI AKBAR NAQVI
|
| Lawyers |
Mr. Ahmad Ali,
Mr. Anis Muhammad Shahzad,
Sardar Ali Raza
|
| Petitioners |
NOOR KAMAL
|
| Respondents |
STATE
|
| Citations |
2023 SLD 2427,
2023 PLJ 250
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497,
324,
34
|