| Case ID |
002d0773-902c-442d-8b2e-17d9d2b1520f |
| Body |
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| Case Number |
Cr. Misc. Application No. S-400 of 2015 |
| Decision Date |
Dec 14, 2015 |
| Hearing Date |
Dec 14, 2015 |
| Decision |
The application for cancellation of bail was dismissed. The court found that the delay in filing the FIR, which was three to four years without a plausible explanation, undermined the prosecution's case. The court noted that the mere involvement of the accused in the alleged crime does not imply guilt. It was emphasized that until credible evidence connecting the accused to the alleged offenses was presented, they could not be held in custody indefinitely. The court recognized that the accused were attending the trial court and had not misused their bail. The prosecution retains the right to present evidence during the trial, and the trial court would decide the case based on the law. The decision reflects a careful consideration of the rights of the accused, the seriousness of the allegations, and the need for a fair legal process. |
| Summary |
This case involves a bail cancellation application filed by the State against three public servants accused of misappropriation of government funds amounting to Rs. 60,50,700 during a public works project. The court had to consider the significant delay in the filing of the FIR, which raised questions about the credibility of the allegations. The judge highlighted that mere allegations do not equate to guilt and that the prosecution must provide substantial evidence to support its claims. This case underscores the importance of due process and the presumption of innocence in criminal proceedings, particularly when public servants are involved. The ruling reinforces the legal principle that an accused person cannot be kept in custody without solid evidence linking them to the crime. Legal practitioners should note the implications of this case in future bail applications and the standards required for the cancellation of bail. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
AFTAB AHMED GORAR
|
| Lawyers |
Syed Meeral Shah, Deputy Prosecutor-General, Sindh,
Sarfraz Ali Metlo
|
| Petitioners |
THE STATE THROUGH PROSECUTOR-GENERAL SINDH, KARACHI
|
| Respondents |
RIAZ AHMED,
IRSHAD ALI JESAR,
GHULAM HYDER CHANDIO
|
| Citations |
2016 SLD 2709 = 2016 PCRLJ 533
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860),
Prevention of Corruption Act (II of 1947)
|
| Sections |
497(5),
409,
420,
465,
468,
471,
477-A,
34,
5(2)
|