Pakistan Case Law
2022 SCMR 2142

Muhammad Azam vs The State through P.G. Punjab and another

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Citation2022 SCMR 2142
CourtSupreme Court of Pakistan
Case No.Criminal Petition No. 1218 of 2022
Date2022-09-28
Judge(s)Sardar Tariq Masood, Amin-ud-Din Khan and Muhammad Ali Mazhar
Authored bySardar Tariq Masood
ResultPetition dismissed
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter arises from a petition for leave to appeal before the Supreme Court of Pakistan, wherein the petitioner sought to challenge an order related to bail proceedings. After presenting arguments, the petitioner's counsel requested to withdraw the petition while expressing apprehension that the observations contained in the impugned order might prejudice the petitioner's case at subsequent stages. The core legal question addressed concerned the legal weight and impact of observations made by courts in bail granting or bail refusing orders on the merits of a case during subsequent proceedings. The Supreme Court dismissed the petition as withdrawn, holding and laying down the principle that observations made in bail orders—whether granting or refusing bail—have no legal effect on the merits of the case in any subsequent proceedings.

Questions settled in this judgment
  • Does an observation made in a bail granting or bail refusing order affect the merits of the case in subsequent proceedings?
  • Can a petition for leave to appeal against a bail order be dismissed as withdrawn upon the request of the petitioner's counsel?
bailwithdrawal of petitionobservations on meritsprejudicial observationscriminal procedure

ORDER

SARDAR TARIQ M ASOOD, J. After arguing the case at some length, the learned counsel for the petitioner contends that he wants to withdraw this petition. However, he submits that the observations made in the impugned order are highly prejudicial to the case of the petitioner.

2. It is now well settled that the observation made in bail granting and bail refusing order has no effect on merits of the case in any subsequent proceedings. The petition stands dismissed as withdrawn.

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