| Case ID |
f9b1f89e-fe02-4f73-9fd6-f4e93427a40f |
| Body |
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| Case Number |
Criminal Petition for Leave to Appeal No. 318-L of |
| Decision Date |
Sep 20, 1995 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan, upon hearing the petition for leave to appeal, upheld the decisions of the lower courts, emphasizing that the allegations against the petitioner, Muhammad Azam, were serious in nature and that the discretion exercised by the courts in denying pre-arrest bail was appropriate. The court clarified that the right to pre-arrest bail is limited to exceptional cases, which was not applicable in this instance. The petition was dismissed, and leave to appeal was refused. |
| Summary |
In the case of Muhammad Azam versus The State, the Supreme Court of Pakistan deliberated on the issue of pre-arrest bail under serious allegations of rape and house trespass. The court examined the principles governing bail applications, particularly under the Criminal Procedure Code, and noted that bail is a privilege reserved for exceptional circumstances. The case highlighted the legal definitions and implications of the Offence of Zina Ordinance and the Penal Code. The court's decision reinforced the need for substantial evidence before granting bail, particularly in cases involving grave accusations. This ruling serves as a significant reference for future cases regarding bail applications in similar contexts, ensuring that serious allegations are treated with the utmost scrutiny. Keywords such as 'pre-arrest bail', 'rape allegations', and 'legal representation' are critical for understanding the legal landscape surrounding this case. The decision aligns with existing jurisprudence and sets a precedent for handling sensitive cases involving allegations of sexual offenses. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
RAJA AFRASIAB KHAN,
ARID MUHAMMAD BASHIR KHAN LEHANGIRF
|
| Lawyers |
Farooq Bedar
|
| Petitioners |
MUHAMMAD AZAM
|
| Respondents |
THE STATE
|
| Citations |
1996 SLD 1084 = 1996 SCMR 71
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979),
Penal Code (XLV of 1860),
Constitution of Pakistan (1973)
|
| Sections |
498,
10,
451,
Art-185(3)
|