PAK LAW GPT — Pakistan Case Law AI justice scale emblemPAK LAW GPTCase law · Urdu & English

ATIF ALI vs ABDUL BASIT O — 2022 SCMR 2055 SUPREME-COURT

Case information

Citation
2022 SCMR 2055 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2022
Reporter
SCMR
Parties
ATIF ALI vs ABDUL BASIT O
Subject matter
Criminal
Provisions referred to
S. 498---C; Criminal Procedure Code (V of 1898)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ATIF ALI VS ABDUL BASIT O. XXIII, R. 8, first and second proviso---Criminal Procedure Code (V of 1898), S. 498---Constitution of Pakistan, Art. 185(3)--- Criminal petition filed before the Supreme Court challenging order of High Court whereby pre-arrest bail granted to the applicants by the Trial Court was recalled---Office objection raised by the Registrar relying on first proviso to Rule 8 of Order XXIII of the Supreme Court Rules, 1980---Legality---Bar contained in first proviso to Rule 8 of Order XXIII of the Supreme Court Rules, 1980, did not apply to the present case because of the reason that no order of imprisonment or fine as contained in Rule 8 was challenged before the Supreme Court---Case of the applicants (accused persons) was entirely on different footing and the same was not covered by first proviso to Rule 8, which required surrender to an order of imprisonment before availing the opportunity of filing petition before the Supreme Court---In the present case, the matter pertained to recalling of the order of pre-arrest bail granted to the applicants by the Trial Court---Second proviso to Rule 8 would be applicable in the present case, which stated that the petitions involving bail before arrest may be entertained and posted for hearing if, the petitioner undertakes to appeal and surrender in Court---Counsel for the applicants in the present case stated at the bar that the applicants were ready and willing to appear and surrender before the Supreme Court---Office objection raised by the Registrar was not sustainable in the eye of law and the same was overruled---Appeal was allowed.

Other judgments reported in 2022 SCMR

Back to the case-law library · Search Pakistani case law in Urdu or English