Pakistan Case Law
1996 SCMR 503

Hafiz MUHAMMAD FAZALEHAQ vs THE STATE and another

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Citation1996 SCMR 503
CourtSupreme Court of Pakistan
Case No.Criminal Petition for Leave to Appeal No, 41/L of 1994
Date1994-08-15
Judge(s)Muhammad Rafiq Tarar and Fazal Karim
Authored byMuhamamd Rafiq Tarar
ResultLeave granted
Summary

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.

Questions settled in this judgment
  • 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?
Laws & provisions referred
  • Section 497, Code of Criminal Procedure 1898
leave to appealprohibitory clausecriminal procedurereasonable groundsbail

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.

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