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

Syed JAWAD SHAH vs State S — 2022 SCMR 660 SUPREME-COURT

Case information

Citation
2022 SCMR 660 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2022
Reporter
SCMR
Parties
Syed JAWAD SHAH vs State S
Subject matter
Criminal
Provisions referred to
S. 498---C; Penal Code (XLV of 1860)

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

Syed JAWAD SHAH VS State S. 498---Constitution of Pakistan, Art. 185(3)---Penal Code (XLV of 1860), Ss. 324 & 34---Murderous assault---Pre-arrest bail, grant of---Pre-arrest bail was granted to the accused by the High Court---Subsequently accused failed to appear before the Trial Court because of which his non-bailable arrest warrants were issued and bail bonds were cancelled---Complainant sought cancellation of bail granted to accused, which was allowed by the High Court---Contention of accused that he was resident of a far flung area and due to various unavoidable circumstances, he could not appear before the Trial Court, and that he was prepared to appear before the Trial Court and undertook not to absent himself from the proceedings---Held, that as pre-arrest bail had been granted by a superior court, which could not be recalled by the Trial Court, hence, the only requirement of law was to furnish fresh bail bonds---Admittedly accused hailed from a far flung area and the argument advanced by the counsel for the accused that he could not appear before the Trial Court due to unavoidable circumstances could not be ignored altogether---Even otherwise, the accused had made out a case on merits as he was taken into custody by the local police and he remained behind the bars for more than 4 ½ months in a case of ineffective firing---Counsel for the complainant categorically stated before the Court that apart from the conduct of the accused, on merits he had made out a case and even before the High Court the complainant had made a statement that he has no objection if bail was granted to the accused---Petition for leave to appeal was converted into appeal and allowed, impugned order of High Court was set-aside, and accused was admitted to pre-arrest bail with the direction to join the trial proceedings and remain present on each and every date.

Other judgments reported in 2022 SCMR

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