| Case ID |
d44be626-b4af-4672-be70-dedf248b04d4 |
| Body |
View case body. Login to View |
| Case Number |
Criminal Petition No. 85-R of 1979 |
| Decision Date |
Dec 11, 1979 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan allowed the petitioner to move the High Court for cancellation of bail granted to the respondent Abid Hussain. The Court found that the previous decision of the Lahore High Court was influenced by an incorrect affidavit regarding the age of the respondent, who was actually over 18 years old at the time of the incident. The absence of the complainant during the bail hearing meant that critical points were not raised before the Court. The Supreme Court emphasized the necessity of presenting all relevant evidence before the High Court, thus enabling a fair reconsideration of the bail application. |
| Summary |
This case revolves around the bail granted to Abid Hussain, who was accused in a murder case. The Lahore High Court initially allowed bail based on the claim that he was underage. However, the petitioner, represented by Zafar Mahmood, argued that the affidavit claiming Abid was 16 was incorrect, as he was actually over 18. This discrepancy raised significant questions about the validity of the bail. The Supreme Court of Pakistan, led by ANWARUL HAQ, found it necessary for the High Court to reconsider the bail application with all pertinent evidence. The case highlights important legal principles regarding the age of accused persons and the representation of complainants during bail hearings. It underscores the role of accurate documentation and representation in judicial proceedings. The decision reinforces the importance of ensuring that all relevant facts are presented to the court to uphold justice. This case serves as a vital reference point for future bail applications and the interpretation of age-related legal provisions in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ANWARUL HAQ, C.J.,
MUHAMMAD AFZAL ZULLAH, JJ
|
| Lawyers |
Zafar Mahmood, Senior Advocate Supreme Court instructed by Ch. Akhtar Ali, Advocate-on-Record for Petitioner.,
Khan Muhammad Imtlaz Khan, Advocate-on-Record for Respondent No. 1.,
Sh. Riaz Ahmad, Assistant Advocate-General (Punjab) for the State.
|
| Petitioners |
MUHAMMAD IRSHAD
|
| Respondents |
others,
ABID HUSSAIN
|
| Citations |
1981 SLD 1423,
1981 SCMR 1260
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art. 185(3)
|