Pakistan Case Law
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K.L.R. 2004 S.C. 128
[Supreme Court of Pakistan]
Present: Munir A. Sheikh, J

Ahmad Shahzad Versus The State

Crl. Misc. No. 181-L of 2003 in Crl.P. No. 444-L of 2003, decided on 5th August, 2003.
Result: Bail Allowed.
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Summary

This is a criminal petition for leave to appeal or bail matter before the Supreme Court of Pakistan arising from an allegation that the petitioner protected accused persons who committed the theft of buffaloes by obstructing the complainant party near his Dera. The core legal question is whether the petitioner's alleged conduct constitutes a direct participation in the theft warranting pre-trial detention or a case of further inquiry. The court held that the petitioner is entitled to ad-interim bail because no prima facie allegation of committing the actual theft of the buffaloes was made against him, rendering his case one for further inquiry. The key principle laid down is that where an accused is not alleged to have directly participated in the primary offence and his role requires further assessment, he is entitled to ad-interim bail pending the final disposal of the petition.

Questions settled in this judgment
  • Whether an accused person not alleged to have directly committed the primary offence of theft is entitled to further inquiry under criminal law?
  • Can ad-interim bail be granted when the specific role attributed to the petitioner requires further examination by the court?
ad-interim bailtheftfurther inquirycriminal petitionsupreme court of pakistan

ORDER

MUNIR A. SHEIKH, ACJ.- The allegation against the petitioner is that he protected the accused persons who committed theft of buffalo, etc. of the complainant in the manner that while they (accused persons) were going in front of his Dera after stealing the buffalo, etc.,who were being followed by the complainant party, he (petitioner) did not allow the complainant party to reach them.

2.In my view, the case of the petitioner is of further inquiry as prima facie, no allegation has been made against him that he had committed the offence of theft of the buffalo, etc.

3.Till the disposal of the main petition which shall be fixed in the next available roster, the petitioner is allowed ad-interim bail in the sum of Rs.1,00,000/- with to sureties each in the like amount to the Satisfaction of the Trial Court.

Judges on this bench

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