| Case ID |
d3daaed1-22d1-4d38-b015-393fbf451b58 |
| Body |
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| Case Number |
Criminal Appeal No. 15-K of 1985 |
| Decision Date |
Apr 23, 1985 |
| Hearing Date |
Apr 23, 1985 |
| Decision |
The Supreme Court allowed the appeal, granting bail to the petitioner, Jamaluddin, in the sum of Rs. 20,000 with one surety in the like amount. The court found that the learned Judge in the High Court had not properly considered the weighty reasons provided by the Sessions Judge for granting bail, including the absence of direct evidence implicating the petitioner in the crime and the existence of enmity between the parties. The court emphasized that the grant or refusal of bail depends on the facts of each case and that arrest for ulterior motives, such as humiliation and unjustified harassment, is a valid consideration for granting pre-arrest bail. |
| Summary |
The case revolves around the issue of pre-arrest bail and its cancellation. The petitioner, Jamaluddin, was involved in a criminal case where he faced serious allegations but was granted pre-arrest bail by the Sessions Court. The High Court later canceled this bail, which led to the Supreme Court's review. The Supreme Court highlighted the importance of considering the context and facts surrounding the case, including the lack of concrete evidence against the petitioner and the potential for police harassment due to personal enmity. The decision reinforced the principle that bail decisions must be made with careful consideration of the circumstances, ensuring that the rights of the accused are protected against unjust actions by law enforcement. This case serves as a significant reference for future bail applications, particularly in situations where the accused may face undue harassment from authorities. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HALEEM, C.J.,
ABDUL KADIR SHAIKH,
ZAFFAR HUSSAIN MIRZA, JJ
|
| Lawyers |
Muhammad Hayat Junejo, Senior Advocate Supreme Court,
Muzaffar Hassan, Advocate-on-Record,
Abdul Sattar Shaikh, Additional Advocate-General
|
| Petitioners |
JAMALUDDIN
|
| Respondents |
THE STATE
|
| Citations |
1985 SLD 1026,
1985 SCMR 1949
|
| Other Citations |
Sadiq Ali v. The State PLD 1966 S C 589,
Muhammad Hussain v. The State 1982 SCMR 227,
Muhammad Shafiq and another v. The State 1982 SCMR 384,
Murad Khan v. Fazal-e-Subhan and another PLD 1983 S C 82,
Zia-ul-Hassan v. The State PLD 1984 S C 192
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
498,
302/34
|