| Case ID |
d4fa71a6-4807-4a37-becc-3cfdc98c40bd |
| Body |
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| Case Number |
Criminal Petition No. 132 of 1994 |
| Decision Date |
Dec 14, 1994 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan reviewed the petition for leave to appeal against the order of the Lahore High Court which had denied bail to the petitioner in a theft case. The Court found that the supplementary statement from the complainant did not adequately explain how she identified the accused, as she had not known him prior to the incident. Without sufficient evidence for a reasonable belief that the accused committed the offence, the Court allowed the appeal and granted bail to the petitioner, setting the bail amount at Rs. 50,000 with one surety. |
| Summary |
In the case of Criminal Petition No. 132 of 1994, the Supreme Court of Pakistan addressed the issue of bail under the Criminal Procedure Code. The case involved allegations of theft, with the complainant alleging that her purse was snatched by the accused and others. The Court scrutinized the complainant's identification of the accused and determined that there was insufficient evidence to justify the denial of bail. The decision emphasized the importance of reasonable belief in the context of bail applications, particularly when the identification of the accused is questionable. The ruling highlighted the legal standards required for bail under the provisions of the Criminal Procedure Code and the Hudood Ordinance, reinforcing the rights of the accused under Pakistani law. This case is significant for its interpretation of bail laws in Pakistan, ensuring that due process is upheld in criminal proceedings. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
|
| Judges |
SAIDUZZAMAN SIDDIQUI,
MUKHTAR AHMAD JUNEJO
|
| Lawyers |
|
| Petitioners |
Naeem Akhtar
|
| Respondents |
The State
|
| Citations |
1996 SLD 1170,
1996 SCMR 511
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979),
Penal Code (XLV of 1860),
Constitution of Pakistan (1973)
|
| Sections |
497,
14,
379,
382,
411,
185(3)
|