| Case ID |
fe4c8e9d-dfa9-49d4-ab7a-90a997cc7f16 |
| Body |
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| Case Number |
Criminal Petition No.1003-L of 2012 |
| Decision Date |
Jan 15, 2013 |
| Hearing Date |
Jan 15, 2013 |
| Decision |
The Supreme Court of Pakistan, in this case, granted pre-arrest bail to Fayyaz Ahmed, who was accused of registering a Power of Attorney attributed to the complainant without their consent. The Court found that the petitioner was not a beneficiary of the Power of Attorney and that no allegations of illegal gratification were substantiated. The verification from a foreign solicitor confirmed the complainant's thumb impression, casting doubt on the legitimacy of the allegations. The Court emphasized that the petitioner had cooperated with the investigation and there was no likelihood of absconding, thus rendering the arrest unnecessary. Consequently, the petition was converted into an appeal and allowed, granting bail upon furnishing sureties. |
| Summary |
This case revolves around the granting of pre-arrest bail to Fayyaz Ahmed, a public servant accused of misconduct related to a Power of Attorney. The Supreme Court of Pakistan examined the allegations thoroughly, emphasizing the lack of concrete evidence against the petitioner and the procedural irregularities in the accusations. The decision highlighted the importance of protecting public servants from unwarranted arrests, especially when they have complied with investigative processes. The Court's ruling underscores the balance between combating corruption and ensuring legal rights, a crucial aspect of criminal law. This case serves as a precedent for similar future cases where public servants face allegations without substantial proof. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ASIF SAEED KHAN KHOSA,
AMIR HANI MUSLIM,
IJAZ AHMED CHAUDHRY
|
| Lawyers |
Muhammad Ahsan Bhoon,
Ch. Zubair Ahmed Farooq
|
| Petitioners |
Fayyaz Ahmed
|
| Respondents |
The STATE and others
|
| Citations |
2014 SLD 283,
2014 SCMR 1628
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860),
Prevention of Corruption Act (II of 1947),
Constitution of Pakistan
|
| Sections |
498,
420,
468,
471,
5(2),
Art. 185(3)
|