Hafiz MUHAMMAD FAZALEHAQ vs THE STATE and another
This petition for leave to appeal arises out of criminal proceedings where the petitioner challenged the relief granted to a respondent. The core legal question concerns whether the material on record is sufficient to establish reasonable grounds for believing that the respondent committed an offence falling within the prohibitory clause of the relevant criminal procedure law. The Supreme Court granted leave to appeal against the respondent to examine the sufficiency of grounds for his release or protection under the statutory provisions governing bail and criminal procedure. The key principle laid down is that the grant of relief in offences falling within the prohibitory clause requires careful examination of the incriminating material available on the record to satisfy the threshold of reasonable grounds.
- Whether the material available on the record is sufficient to show the existence of reasonable grounds for believing that the accused has committed an offence falling within the prohibitory clause of section 497 of the Code of Criminal Procedure 1898?
- Section 497, Code of Criminal Procedure 1898
ORDER
' MUHAMAMD RAFIQ TARAR, J.---Name of Salamat Masih has been deleted from the array of respondents and the learned counsel for the petitioner does not press the petition against him.
2. Leave to appeal is, however, granted against Rehmat Masih respondent to consider inter alia whether the material available on the record is sufficient to show the existence of reasonable grounds for believing that he has committed the offence with which he has been charged falling within the prohibitory clause of section 497 of the Cr. P.C.