| Case ID |
ec71d2b3-2f66-4f64-9948-51df7b12f35d |
| Body |
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| Case Number |
Criminal Petition No.896-L of 2012 |
| Decision Date |
Jan 03, 2013 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan set aside the impugned order dated 19-11-2012 passed by the Lahore High Court. The court ruled that the ground of similarity of roles between the accused and co-accused was not a fresh ground for the subsequent application for suspension of sentence. The discretion exercised by the High Court was found to be improper and not in accordance with the established legal principles. Consequently, the bail granted to the respondent was cancelled. |
| Summary |
In this case, Muhammad Siddique filed a petition for leave to appeal against an order from the Lahore High Court that had allowed the suspension of the sentence for Nazir Ahmad, a co-accused convicted under section 302(b) of the Pakistan Penal Code for murder. The Supreme Court ruled that the principle of consistency was not properly applied, as the grounds for the bail application were not fresh and had been available during the initial applications. The case highlights the legal intricacies involved in bail applications and the necessity for courts to adhere to established legal precedents to ensure fairness in the judicial process. The ruling emphasizes the importance of proper judicial discretion and the adherence to legal standards in the context of criminal law, particularly regarding the suspension of sentences in serious offenses such as murder. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ASIF SAEED KHAN KHOSA,
AMIR HANI MUSLIM,
IJAZ AHMED CHAUDHRY
|
| Lawyers |
Advocate-General N.-W.F.P.
|
| Petitioners |
MUHAMMAD SIDDIQUE
|
| Respondents |
The STATE and others
|
| Citations |
2014 SLD 135,
2014 SCMR 304
|
| Other Citations |
The State through Advocate-General N.-W.F.P. v. Zubair and 4 others (PLD 1986 SC 173)
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860
|
| Sections |
426,
497,
302(b)
|