| Case ID |
d66f1a01-eff6-4111-85c3-c8889a254ee9 |
| Body |
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| Case Number |
Petition for Special Leave to Appeal No. 67 of 197 |
| Decision Date |
Jun 29, 1973 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition for special leave to appeal, affirming the Lahore High Court's decision to grant bail to the first two respondents. The court noted that while normally, superior courts should refrain from interfering in bail matters during commitment proceedings, the High Court's discretion was not exercised in violation of legal principles. The court recognized that the FIR did not specifically attribute actions to the respondents, and the evidence presented did not warrant interference at that stage. Therefore, the petitioner's request was denied, and the court emphasized that should further evidence arise during the trial, the complainant could seek bail cancellation in the Sessions Court. |
| Summary |
In the case of Muhammad Yaqoob vs. Ghulam Qadir and others, the Supreme Court of Pakistan addressed the issue of bail in a murder case under Section 302 of the Penal Code. The decision emphasized the importance of judicial discretion in bail matters, particularly during the commitment stage of criminal proceedings. The court highlighted that while it is generally inappropriate for higher courts to interfere with bail decisions made by lower courts, the High Court's ruling to grant bail was not found to violate any legal principles. The court's decision reflects the delicate balance between upholding individual rights and maintaining the integrity of the judicial process in serious criminal cases. This case underscores the evolving interpretation of bail laws and the critical role of evidence in determining the appropriateness of bail in serious offenses. Keywords: bail law, murder case, Supreme Court of Pakistan, judicial discretion, commitment proceedings. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
HAMOODUR RAHMAN, C.J.,
MUHAMMAD GUL, J.
|
| Lawyers |
Ch. Amjad Khan, Advocate,
Sh. Abdul Karim, Advocate-on-Record,
Ch. Nazir Ahmad Khan, Senior Advocate,
Mahmood A. Qureshi, Advocate-on-Record
|
| Petitioners |
MUHAMMAD YAQOOB
|
| Respondents |
Respondent No. 3,
GHULAM QADIR,
Respondent No. 2
|
| Citations |
1973 SLD 164,
1973 SCMR 498
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Criminal Procedure Code (V of 1898)
|
| Sections |
302,
498
|