| Case ID |
e9f3fad3-deed-4af3-b8ef-768673566c57 |
| Body |
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| Case Number |
Criminal Petition No. 155 of 2024 |
| Decision Date |
Mar 21, 2024 |
| Hearing Date |
Mar 21, 2024 |
| Decision |
The Supreme Court of Pakistan granted bail to the petitioner, Syed Sakhawat Hussain, after determining that the evidence presented was insufficient to establish a direct link to the alleged banking scam. The petitioner was not named among the 287 account holders involved in the scam, and the sole allegation against him stemmed from bank statements indicating funds received from an un-nominated account holder. The court noted that the petitioner had been detained for over nine months with no likelihood of trial progress, emphasizing the right to liberty and the need for further inquiry before any criminal liability could be established. Consequently, the petition was converted into an appeal, and bail was granted upon the fulfillment of specific conditions. |
| Summary |
In the case of Syed Sakhawat Hussain, the Supreme Court of Pakistan addressed the complexities surrounding a banking scam that allegedly involved significant embezzlement. The petitioner, not identified as one of the main account holders implicated in the scam, argued for bail on the grounds of insufficient evidence linking him directly to the alleged crimes. The court highlighted the importance of establishing substantive material before curtailing an individual's liberty. The case emphasized the principles of justice, the right to a fair trial, and the necessity for thorough investigations in criminal proceedings. This ruling serves as a precedent in safeguarding the rights of individuals accused of financial crimes, reinforcing the notion that mere allegations without solid evidence are inadequate for detention. The decision is pivotal for ongoing discussions about the balance between prosecuting financial misconduct and protecting individual rights. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
JAMAL KHAN MANDOKHAIL,
SYED HASAN AZHAR RIZVI,
MUSARRAT HILALI
|
| Lawyers |
Syed Asim Ali Bukhari,
Mughees Malik,
Malik Javed Iqbal Wains,
M. Sheraz
|
| Petitioners |
SYED SAKHAWAT HUSSAIN
|
| Respondents |
ANOTHER,
THE STATE
|
| Citations |
2024 SLD 3032,
2024 SCMR 1103
|
| Other Citations |
Muhammad Nawaz Alias Karo v. The State (2023 SCMR 734)
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860),
Constitution of Pakistan, 1973
|
| Sections |
497(2),
34,
109,
406,
419,
420,
467,
468,
471,
185(3)
|