| Case ID |
edb9520c-c11a-4828-aac5-969f27e1a7f9 |
| Body |
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| Case Number |
Criminal Petition No. 32 P of 1994 |
| Decision Date |
Dec 13, 1994 |
| Hearing Date |
|
| Decision |
The Supreme Court granted bail to the petitioners, Muhammad Javed and Shamrez, after determining that the complainant's statements had inconsistencies. The Court noted that the complainant's initial F.I.R. implicated three innocent individuals, and his subsequent statement revealed that he had old enmities with them. The absence of eyewitness testimony and the late examination of prosecution witnesses further supported the decision to convert the petition for leave to appeal into an appeal and grant bail. Each petitioner was required to furnish a surety of Rs. one lac to the satisfaction of the trial court. |
| Summary |
In the case of 'Muhammad Javed and Shamrez vs. The State', the Supreme Court of Pakistan addressed critical issues surrounding the grant of bail under the Criminal Procedure Code, particularly Section 497. The case arose from the murder of Bakhmal, with the complainant initially implicating the petitioners. However, significant discrepancies were found between the F.I.R. and the complainant's later statements. The lack of eyewitnesses and the nature of the evidence led the Court to determine that the petitioners should be granted bail. This case underscores the importance of consistent witness testimonies and the scrutiny applied to statements made in criminal proceedings. The judgment highlights the principles of justice and due process, emphasizing the need for clear and reliable evidence in serious criminal charges. Keywords such as 'bail', 'criminal law', 'Pakistan', 'Supreme Court', and 'F.I.R. discrepancies' are crucial for understanding the implications of this case in the legal landscape. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SAIDUZZAMAN SIDDIQUI,
MUKHTAR AHMED JUNEJO
|
| Lawyers |
Abdul Hamid Qureshi, Advocate Supreme Court/Advocate on Record for Petitioners,
Safrallah, Advocate Supreme Court for the Complainant
|
| Petitioners |
MUHAMMAD JAVED,
SHAMREZ
|
| Respondents |
THE STATE
|
| Citations |
1995 SLD 309,
1995 SCMR 1178
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860),
Constitution of Pakistan, 1973
|
| Sections |
497,
302/34,
185(3)
|