Case Details

Citation(s)
2009 SLG 2266 2009 SLD 2266 2009 PLD 440
Supreme Court of Pakistan
Criminal Petition No. 450-L of 2008, decided on 3rd April, 2009.
IFTIKHAR MUHAMMAD CHAUDHRY, CHIEF, JUSTICE, MIAN SHAKIRULLAH, JAN AND RAJA FAYYAZ AHMAD, JJ
Ch. Farooq Haider, Advocate Supreme Court for Petitioner. Ch. Munir Sadiq, D.P.G. Punjab, and Allah Rakha, S.I.., P.S. Karianwala for the State. Muhammad Ilyas Siddiqui, Advocate Supreme Court for
Respondent (with respondent).

KHALIDA BIBI

VS

NADEEM BAIG

Law:

Section:

(a) Criminal Procedure Code (V of 1898)---.--- ---.----S. 497(2)---.---Constitution of Pakistan (1973), Art.185(3)---.---Bail, grant of---.---Principles---.---Court under S.497(2), Cr.P.C. was not to make probe into defence version in order to advance a plea of bail, rather it had to tentatively assess the material produced before it and to see if reasonable grounds existed to believe, if prima facie, involvement of accused in the commission of offence---.---If the plea on the basis of which the accused had been released on bail was accepted, would impugn the version of the eye-witnesses which had been discarded at the initial stage of the case by observing contra to the version of ocular witnesses; which course was at all not permissible and later on no such evidence was furnished, then it would not be free from doubt and in accord with S.497(2), Cr.P.C.---.---Evidence of eye-witnesses, in the present case, had been discarded even in view of the medical opinion by the Trial Court, as well as by the High Court---.---Police, during the investigation was not required to examine hundreds of people in order to inquire as to whether the accused was involved in the offence or not---.---Police was required to consider the material available on the record and not to disregard the eye-witnesses in support to say that he was not involved in the commission of the offence, and thus, would not only be entitled to grant of bail but at the same time to earn acquittal---.---Practice adopted by Trial Court as well as by the High Court, in peculiar circumstances of the case, was not appreciated by the Supreme Court---.---Reasons on which hail had been extended to the accused were not sustainable in the eye of law---.---Supreme Court converted petition for leave to appeal into appeal and cancelled the hail granted to accused by High Court---.---Accused present in the Court was ordered to be taken into custody and be dealt with in accordance with law. (b) Criminal Procedure Code (V of 1898)---.--- ---.----S. 497(5)---.---Constitution of Pakistan (1973), Art.185(3)---.---Petition for cancellation of bail granted by High Court---.---Grounds that found favour with the Nigh Court…
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