| Case ID |
d7eee584-a1d7-4862-ad9a-a78a4392c16f |
| Body |
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| Case Number |
Criminal Petition for Special Leave to Appeal No. |
| Decision Date |
Aug 26, 1981 |
| Hearing Date |
Jun 17, 1981 |
| Decision |
The Supreme Court dismissed the petition for leave to appeal against the Sind High Court's order granting bail to Muhammad Ismail. The court found that the High Court had properly exercised its discretion in allowing bail, as the case required further inquiry into whether the offence committed by the respondent fell under Exception I to section 300 or section 302 of the Penal Code. The age of the respondent was also a matter of further inquiry, as the medical evidence suggested he was 15 years old, while his birth certificate indicated he was nearly 17. The Supreme Court did not find any grounds for interference with the High Court's decision. |
| Summary |
This case revolves around a Criminal Petition for Special Leave to Appeal against the order of the Sind High Court, which granted bail to the respondent, Muhammad Ismail. The Supreme Court analyzed the grounds for bail, focusing on the nature of the offence and the age of the respondent. The decision emphasized the importance of further inquiry into the facts of the case, particularly whether the offence fell under different sections of the Penal Code. The ruling highlighted the discretion exercised by the High Court in allowing bail, reinforcing the principles of judicial discretion and the necessity for a thorough investigation in criminal cases. Keywords: bail, criminal law, judicial discretion, age of the accused, further inquiry, Supreme Court of Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
NASIM HASAN SHAH
|
| Lawyers |
Aftab Hussain,
Faizanul Haq,
N. 1. Memon
|
| Petitioners |
MUHAMMAD YOUNUS
|
| Respondents |
another,
ISMAIL
|
| Citations |
1981 SLD 1403,
1981 SCMR 1216
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code, 1860,
Criminal Procedure Code (V of 1898)
|
| Sections |
300,
302,
497
|