| Case ID |
eb992a90-8bc8-411a-9661-930cb91c0932 |
| Body |
View case body. Login to View |
| Case Number |
Petition for Special Leave to Appeal No. 408 of 19 |
| Decision Date |
Dec 13, 1976 |
| Hearing Date |
|
| Decision |
The petitioners were accused in a case under sections 307, 148, and 149 of the Pakistan Penal Code. They claimed that the High Court erred in refusing bail, arguing that no case under section 307 had been established against them. The Supreme Court, however, upheld the High Court's discretion, stating that it was not the stage for evidence appreciation and that the High Court acted within its discretion based on the allegations presented. Consequently, the petition was dismissed. |
| Summary |
The case revolves around the refusal of bail to two petitioners who were accused of serious charges under the Pakistan Penal Code. The Supreme Court of Pakistan, presided by Chief Justice Hamoodur Rahman and Justice Abdul Kadir Shaikh, evaluated the arguments presented by the petitioners' counsel regarding the lack of evidence supporting the charges against them. Despite the petitioners' claims, the Court affirmed the High Court's decision, emphasizing that it is not the appropriate stage for evidence appreciation. This judgment highlights the judicial process regarding bail applications in serious criminal cases and the discretion exercised by High Courts in such matters. Key terms include bail, criminal procedure, and judicial discretion, which are crucial for understanding the legal framework surrounding this case. The decision serves as a precedent, emphasizing the importance of judicial discretion in bail matters and the standards required for challenging such decisions at higher judicial levels. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
HAMOODUR RAHMAN, C.J.,
ABDUL KADIR SHAIKH, J
|
| Lawyers |
Ch. Mushtaq Masood, Advocate,
Sh. Abdul Karim, Advocate-on-Record
|
| Petitioners |
another,
GAMAN
|
| Respondents |
THE STATE
|
| Citations |
1982 SLD 149,
1982 SCMR 87
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code, 1860
|
| Sections |
497,
498,
307
|