Pakistan Case Law
2017 SCP

Awal Khan and others vs The State thr. AG-KPK and another

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Citation2017 SCP
CourtSupreme Court of Pakistan
Case No.Criminal Petition No.1287/2016
Date2017-01-12
Judge(s)Mushir Alam, Dost Muhammad Khan
ResultAppeal allowed
Summary

This matter concerns a petition for leave to appeal against the refusal of bail by the lower courts in a criminal case registered under F.I.R. No. 437 dated 6.8.2016 at Police Station District Lukki. The core legal question before the Supreme Court was whether the petitioners were entitled to the concession of post-arrest bail pending trial, given the circumstances of the case. Upon consideration of the matter, the Supreme Court allowed the petition, converting it into an appeal, and granted bail to the petitioners. The Court held that the petitioners should be admitted to bail, subject to the condition of furnishing surety bonds in the sum of Rs. 2,00,000 each, along with personal recognizance (P.R.) bonds in the like amount, to the satisfaction of the Trial Court. The decision reinforces the principle that the grant of bail is a judicial discretion exercised based on the facts and circumstances presented before the court, ensuring that the liberty of the accused is balanced against the requirements of the criminal justice process pending final adjudication of the charges.

Questions settled in this judgment
  • Are the petitioners entitled to post-arrest bail in the circumstances of F.I.R. No. 437?
  • What are the conditions for the grant of bail in this criminal matter?
post-arrest bailcriminal appealsurety bondspersonal recognizancejudicial discretion

ORDER

1. Mushir Alam, J.-- For the reasons to follow, the petitioners are admitted to bail in case F.I.R. No.437 dated 6.8.2016, PS District Lukki, but subject to furnishing surety in the sum of Rs.2,00,000/- each with P.R. Bonds in the like amount to the satisfaction of the Trial Court.

2. Petition is converted into appeal and allowed.

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