ATTAULLAH vs State S — 2024 SCMR 1210 SUPREME-COURT

Case information

Citation: 2024 SCMR 1210 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2024
Reporter: SCMR
Parties: ATTAULLAH vs State S
Subject matter: Criminal
Provisions referred to: S. 497

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

ATTAULLAH VS State S. 497(2)---Constitution of Pakistan, Art. 185(3)---Bail---Further inquiry---Principles---Case of further inquiry pre-supposes the tentative assessment which may create doubt with respect to the involvement of the accused in the crime whereas the expression "reasonable grounds" refers to grounds which may be legally tenable, admissible in evidence, and appealing to a reasonable judicial mind as opposed to being whimsical, arbitrary, or presumptuous---Prosecution has to demonstrate that it is in possession of sufficient material/evidence, constituting 'reasonable grounds' that accused had committed an offence falling within the prohibitory limb of Section 497 of the Code of Criminal Procedure, 1898, while for attaining bail, the accused has to show that the evidence/material collected by the prosecution and/or the defence plea taken by him created reasonable doubt/suspicion in the prosecution case and he is entitled to the benefit of bail---For all intents and purposes, the doctrine of 'further inquiry' denotes a notional and exploratory assessment that may create doubt regarding the involvement of the accused in the crime.

Other judgments reported in 2024 SCMR

2024 SCMR 205 SUPREME-COURTNAVEED SATTAR VS State S. 497(2)---Penal Code (XLV of 1860), 302, 34, 118, 120-B, 109 & 506---Constitution of Pakistan, Art. 185(3)---Murder…
2024 SCMR 205 SUPREME-COURTNAVEED SATTAR VS State S. 497---Constitution of Pakistan, Art. 185(3)---Bail---Benefit of doubt---Benefit of doubt can even be extended at b…
2024 SCMR 2034 SUPREME-COURTFAROOQ AHMED VS SECRETARY, BALOCHISTAN PROVINCIAL ASSEMBLY, QUETTA R. 1(n)---Balochistan Civil Servants Act (IX of 1974), S. 2(1)(b)---Emplo…
2024 SCMR 205 SUPREME-COURTNAVEED SATTAR VS State Ss. 497(2) & 156---Penal Code (XLV of 1860), 302, 34, 118, 120-B, 109 & 506--- Constitution of Pakistan, Art. 185(3)-…
2024 SCMR 181 SUPREME-COURTJUNAID WAZIR VS SUPERINTENDENT OF POLICE, PRU/ DOLPHIN POLICE, LAHORE Public functionaries are supposed to execute and perform their duty in…
2024 SCMR 181 SUPREME-COURTJUNAID WAZIR VS SUPERINTENDENT OF POLICE, PRU/ DOLPHIN POLICE, LAHORE Maxim 'ex debito justitiae'---Meaning and scope---Legal maxim "ex debi…

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