| Case ID |
dedeacb7-3d75-462b-82ca-d8aa43d6559e |
| Body |
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| Case Number |
Criminal Appeal No. 7 of 2013 |
| Decision Date |
Apr 18, 2014 |
| Hearing Date |
Mar 26, 2014 |
| Decision |
The Supreme Court dismissed the appeal against the Shariat Court's decision to grant bail to the accused-respondent, concluding that the delay in trial was not attributable to the accused. The court emphasized that the principles governing bail in non-bailable offenses necessitate a careful assessment of the circumstances surrounding the case. It was determined that the accused did not meet the criteria of being a 'hardened, desperate, and dangerous criminal' as defined by relevant legal precedents. The court highlighted that mere allegations do not suffice to deny bail, particularly when the statutory period for trial has lapsed without fault on the part of the accused. Thus, the ruling reaffirmed the importance of adhering to legal standards while ensuring the rights of the accused are respected. |
| Summary |
This case revolves around the principles of bail under the Criminal Procedure Code, particularly focusing on Section 497. The Supreme Court of AJ&K addressed the appeal filed against the Shariat Court's decision that granted bail to the accused-respondent. The court evaluated the legal standards for determining whether an accused can be classified as a 'hardened, desperate, and dangerous criminal,' which would preclude them from qualifying for bail even under statutory delays. The court concluded that the prosecution failed to establish that the accused's actions met this threshold. It emphasized that the trial's delays were not caused by the accused, thereby reinforcing the legal presumption in favor of granting bail. The decision highlights the balance between maintaining public safety and upholding the rights of the accused, providing a significant commentary on the application of bail laws in Pakistan. |
| Court |
Supreme Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AZAM KHAN, C.J.,
RAJA SAEED AKRAM KHAN, J
|
| Lawyers |
Khalid Rasheed Chaudhary, Advocate for Appellants,
Muzaffar Ali Zafar, Additional Advocate-General for the State,
Kamran Tariq, Advocate for the Accused-Respondent
|
| Petitioners |
another,
SHAUKAT AZIZ
|
| Respondents |
another,
ANSAR ALI
|
| Citations |
2015 SLD 444,
2015 PCRLJ 134
|
| Other Citations |
2009 SCR 484,
1998 SCMR 190,
1998 PCr.LJ 358,
1996 PCr.LJ 22,
Criminal Appeal No.48 of 2011, decided on 21-12-2013
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860
|
| Sections |
497(1),
497,
302,
147,
148,
149
|